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2015 Supreme(Ker) 1389

C.T.RAVIKUMAR
Appu – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Appellant : Sri. Vipin Narayan (State Brief)
For the Respondent: Smt. Maya. P., Public Prosecutor

JUDGMENT :

C.T. Ravikumar, J.

This appeal is directed against the judgment of conviction passed by the Court of II Additional Sessions Judge, Thodupuzha in S.C. No. 330 of 2013. The appellant herein was the sole accused therein and he was tried for the offence punishable under Section 55(g) of the Abkari Act. He was convicted and sentenced to undergo simple imprisonment for one year and to pay fine of Rs. 1,00,000/-. In default of payment of fine he was ordered to undergo simple imprisonment for three months. The case of the prosecution was that on 18.10.2012 on obtaining a secret information regarding the manufacturing of illicit liquor in the forest area near Kattamudi Tribal Settlement Colony in Mannamkandam Village PW3 along with his party went inside the forest area and found the accused in possession of 85 litres of wash and the implements for illicit preparation of arrack. Huge quantity of wash was found kept in two barrels and after taking a sample of wash from one of the barrels the balance of wash were destroyed on spot. The sample and a 100 litre capacity of blue colour barrel marked as 'A', 30 litre capacity of Aluminium pot marked as 'B', 20 litre capacity of Aluminium v

















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