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2022 Supreme(Ker) 27

P.B.SURESH KUMAR, C.S.SUDHA
State Of Kerala – Appellant
Versus
Navaru Swapna Reddy W/o N. Srinivas Reddy – Respondent


Advocates:
Advocate Appeared:
For the Appellant : V.Manu, Spl.Government Pleader
For the Respondent: Nandagopal S.Kurup

JUDGMENT :

P.B.Suresh Kumar, J.

This appeal is directed against the judgment dated 29.06.2021 in W.P.(C) No.26180 of 2018. Appellants are the respondents in the writ petition. Parties and documents are referred to in this judgment, as they appear in the writ petition.

2. The petitioner belongs to the State of Telangana. She owns a Toyota Innova Crysta car bearing registration No.TS-07-FE-8889. On 23.12.2017, while the husband of the petitioner and a few of his friends were travelling in the said vehicle, it was intercepted and seized by the Police at Chalakkayam alleging that they were found carrying 3.3 litres of Indian Made Foreign Liquor intended for sale in the State of Telangana, flouting the order issued by the Government in exercise of the power under Section 9 of the Abkari Act (the Act) prohibiting transportation of liquor to the limits of the Chalakkayam Excise Range, within which they were found. A crime was also registered simultaneously against the husband of the petitioner and others under Sections 55(a) and 58 of the Act read with Rule 9 of the Foreign Liquor Rules, 1953 (the Rules) and also Section 118(e) of the Kerala Police Act. The police officer who seized and deta

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