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2023 Supreme(Ker) 835

SOPHY THOMAS
Jinto S/o Sebastian – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Paul Mathew Perumpillil, Prasun S.
For the Respondent: Nima Jacob.

ORDER :

1. This revision is at the instance of the accused in S.C. No. 452 of 2012 on the file of Additional Assistant Sessions Judge-I, North Paravur, assailing the judgment in Crl. Appeal No. 21 of 2014 on the file of Additional District and Sessions Judge, North Paravur, which upheld his conviction and sentence under Sections 8(1) and 8(2) of the Abkari Act.

2. The prosecution case is that, on 17.06.2006 at 12.00 noon, the revision petitioner was found in possession of 7 litres of illicit arrack in a 10 litre can, at his residential house. PW-8-the Circle Inspector of Excise Range, Paravur, and excise party detected the offence while on patrol duty, on getting secret information that illicit arrack had been kept in the house of the revision petitioner. PW-9 investigated the case and laid charge sheet against the revision petitioner under Sections 8(1) and 8(2) of the Abkari Act.

3. On appearance of the revision petitioner before the trial court, charge was framed under Sections 8(1) and 8(2) of the Abkari Act, read over and explained, to which he pleaded not guilty and claimed to be tried. PWs. 1 to 9 were examined, Exts.P1 to P15 were marked and MO1 was identified from the side of

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