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2012 Supreme(Ker) 1089

S.SIRI JAGAN
Lakshmy – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Petitioner: M. Ramesh Chander & V. Tekchand
For the Respondent: Seena Ramakrishnan, Public Prosecutor

ORDER :

The petitioner is the accused in C.C. 618/1997 before the Judicial First Class Magistrate-I, Hosdurg. The prosecution was one under Section 55(a) of the Abkari Act. The prosecution case was that on 29.4.1997 at 5 p.m., the petitioner was apprehended transporting 5 litres of arrack contained in a 5 litre can through the road about 20 meters to the south of the house of one Veluthambu situated in Mundakandam desom, Cheruvathur village, by the Preventive Officer, Excise Enforcement and Anti- narcotic Special Squad and thereby the accused has committed offence punishable under Section 55(a) of the Abkari Act. The Magistrate convicted the petitioner and sentenced her to undergo rigorous imprisonment for one month and to pay fine of Rs. 25,000/- with a default sentence of six months. The petitioner's appeal as Crl. A. No. 29/1999 was dismissed by the Addl. Sessions Judge (Ad Hoc-I), Kasaragod. The petitioner is challenging the judgments of the courts below.

2. The petitioner's primary contention is that the prosecution is vitiated by the long delay in producing the contraband and samples before the court. He points out that the alleged seizure of the contraband and the drawing of s






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