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2020 Supreme(Ker) 167

MARY JOSEPH
Baby, D/o. Dasamma – Appellant
Versus
State of Kerala Represented By the Public Prosecutor, High Court of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri.G.Sudheer Karakonam
For the Respondent: Sr. PP Sri B.Jayasurya

JUDGMENT :

1. This appeal is directed against judgment dated 04.04.2005 of Additional Sessions Judge for trial of Abkari Act cases, Neyyattinkara in S.C No.529/2000. The appellant is the accused in the case on hand. She was tried for an offence punishable under Section 55(1) and 8(1) of the Abkari Act (for short, 'the Act'). She was found guilty, convicted and sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs.1,00,000/-and in default to undergo simple imprisonment for 2 months. Aggrieved by the judgment as aforesaid, the accused has approached this court in the appeal on hand. The case of the prosecution in brief are as follows;

On 29.04.1998, the Preventive Officer of Thirupuram Range while conducting patrol duty in Kanjiramkulam Village, found a woman walking by the side of the road carrying a plastic Can. Though she attempted to flee from the spot, the Excise officials caught her. The plastic Can with her was examined. It was found to contain alcohol and was seized in the presence of witnesses. The accused was arrested and a seizure mahazar was prepared from the spot. Thereafter, the liquor alongwith the arrested accused were produced before Judicial Fi

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