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2023 Supreme(Ker) 768

VIJU ABRAHAM
Shibu Jacob, S/o. Jacob – Appellant
Versus
Sub Inspector Of Police – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri.T.G.Rajendran
For the Respondent: M.C.Ashi

ORDER :

The revision petitioners herein are the accused in C.C. No. 243 of 1997 on the file of the Judicial Ist Class Magistrate, Thaliparamba, alleging commission of offences punishable under Rule 6 of the Kerala Rectified Spirit Rules r/w Section 55(a) of the Kerala Abkari Act.

2. The prosecution allegation in short is that, on 12.08.1996 the revision petitioners/accused stored rectified spirit in 20 plastic barrels and 4 plastic cans in the house bearing No. AP II 557(A) of Maniyur amsom Poovan desom and thereby committed the alleged offences.

3. The prosecution in support of their case examined PWs 1 to 10 and Exts. P1 to P7 were marked. The trial Court found the accused guilty and convicted them to undergo simple imprisonment for a period of two years and to pay a fine of Rs.25,000/-each and in default of payment of the fine, to undergo simple imprisonment for a further period of six months.

4. Aggrieved by the conviction and sentence imposed by the trial Court, an appeal was preferred as Crl.Appeal No.81 of 2003 before the Sessions Court, Thalassery, which also ended up in dismissal whereby the conviction and sentence imposed by the trial Court was upheld.

5. The learned counsel f

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