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Pramod – Appellant
Versus
Sub Inspector of Police – Respondent
ORDER :
Petitioner is the third accused in Crime No.928/2019 of Pulikeezhu Police Station, Pathanamthitta, which is now pending as C.P.No.58/2023 on the files of the Judicial First Class Magistrate Court, Thiruvalla. He is alleged to have committed offences under Sections 55(a)(1) and 13 of the Kerala Abkari Act, 1077.
2. The crime was registered on 12.08.2019 alleging that person mentioned as an ‘identifiable person’ had attempted to transport excess quantity of Indian Made Foreign Liquor for the purpose of sale to yield huge profits. According to the prosecution, on 12.08.2019, petitioner was found in possession of 72 bottles having a capacity of 375 ml of ‘Bermuda XXX Rum’ and 27 litres of Indian Made Foreign Liquor and thereby committed the offence alleged. After investigation, a final report was filed alleging that four persons had committed the offence. Petitioner is arrayed as the third accused, against whom an absconding charge was filed. The person who was arrested from the spot is arrayed as the fourth accused.
3. Sri. Mohanan C.K., the learned counsel for the petitioner, contended that the prosecution allegations are false and there are no materials to connect the petitione
The absence of substantive evidence against the accused led to the quashing of proceedings, emphasizing the necessity of corroborative evidence in criminal cases.
The prosecution must prove the illegality of possession beyond reasonable doubt, especially when the context of prohibition is absent.
Insufficient evidence of intent to sell IMFL leads to quashing of charges under Section 55(i) of the Abkari Act.
Possession of materials alone is insufficient for conviction under S.55(g) of Abkari Act without proving intent to manufacture liquor.
Acquittal under Section 55(g) of the Abkari Act - Mere knowledge of the accused that incriminating articles were kept at a certain place does not amount to conscious possession.
At the charge framing stage, the court assesses whether prima facie evidence exists to constitute an offence without delving into the probative value of the evidence.
Possession of excess duty-paid liquor purchased from a legal source constitutes an offense under Section 63, not Section 58, of the Abkari Act.
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