B.SUDHEENDRA KUMAR
CHANDRAN @ CHANDRASHEKAHARAN – Appellant
Versus
STATE-REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA – Respondent
1. The accused in S.C. No. 291 of 2007 on the files of the Assistant Sessions Court, Kasaragod filed this revision petition challenging the concurrent finding of conviction and sentence passed by the courts below under Section 55 (a) of the Abkari Act.
2. Heard.
3. The prosecution allegation is that on 7.1.2006 at 6.55 p.m. the revision petitioner was found in possession of 55 packets, each packet having a capacity of 100 ml each, containing Karnataka made arrack, in contravention of the provisions of the Abkari Act.
4. The revision petitioner was arrested from the spot and the contraband articles were seized by PW1 as per Ext.P2 seizure mahazar.
5. The inventory of the material objects was prepared by PW1 and he handed over the same to the Assistant Excise Inspector. Thereafter, the said inventory was certified by the learned Magistrate. The investigation was conducted by PW3. After completing the investigation, PW3 filed the final report before the court.
6. Before the trial court, PW1 to PW4 were examined and Exts.P1 to P9 were marked for the prosecution. No evidence was adduced on the side of the revision petitioner.
7. The learned counsel for the revision petitioner has argue
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