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2016 Supreme(Ker) 1451

P.D.RAJAN
Janaki – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Appellant : T.K. Vipindas.
For the Respondent: Government Pleader (N. Suresh).

JUDGMENT :

This appeal is preferred by the accused against the judgment in S.C.171 of 2002 of additional Sessions Judge, Adhoc-1 Kasargod for offence punishable under Section 55(a) of the Abkari Act. The charge against the appellant is that on 7.8.2001 at 11.45 am, appellant was found in possession of 7 1/2 litres of arrack and 60 litres of wash in his house No.KP 1/143(PP V/330) of Kallloor Village by the Assistant S.I of Police, Rajapuram. Accused was arrested and contraband articles were seized after preparing a mahazar. Reaching at the police station, he registered a crime. After completing investigation, S.I of Police, Rajapuram laid charge before Judicial First Class Magistrate I, Hosdurg. Subsequently, it was committed to Sessions Court. From there, it was made over to additional Sessions Judge, Adhoc1.

2. During trial, prosecution examined PW1 to PW6 and marked Ext.P1 to P8 as documentary evidence. MO1 to MO3 were admitted as material objects. The incriminating circumstances brought out in evidence were denied by the accused while questioning him. He did not adduce any defence evidence. Learned additional Sessions Judge convicted the accused under Section 55(a) and (g) of the













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