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2014 Supreme(Ker) 1052

ALEXANDER THOMAS
State of Kerala – Appellant
Versus
Odiase Austin Goubadia – Respondent


Advocates:
Advocate Appeared:
For the Appellant : M.P. Madhavankutty (Spl. Government Pleader)
For the Respondent: V. Rajendran, N. Rajesh & M.G. Lavaraj

JUDGMENT :

1. These appeals arise out of the impugned common judgment dated 3.5.2014 of the Additional Sessions Court, Muvattupuzha, in Crl. Appeal No.565/2013 and Crl. Appeal No.558/2013 respectively. The aforementioned appeals on the file of the Sessions Court concerned arose out of the impugned judgment dated 23.10.2013 of the Judicial First Class Magistrate’s Court No.1, Perumbavoor, in C.C.No.1420/2012, whereby the accused therein have been convicted of the offence under S.51(1) of the Wild Life (Protection) Act and have been ordered to undergo the sentence of three years imprisonment and a fine of rupees ten thousand each.

2. The crux of the prosecution allegation is as follows:-PW-1 (one Sri. C.D. Jose) was working as the Superintendent of Air Intelligence of Cochin International Airport, Nedumbassery, Ernakulam district on 26.1.2012. That the two accused herein came to the domestic terminal of the said airport on 26.1.2012 for boarding the Jet Airways Flight to Chennai and when the trolley bag of A-1 (an Ecuadorian citizen) was put through the scanner, the authorities we



























































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