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2025 Supreme(Ker) 1401

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR.JUSTICE K. V. JAYAKUMAR, J
Baby Kurian, S/o.Kurian – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : ADV DR.PAULY MATHEW MURICKEN
For the Respondent: SRI. RANJIT GEORGE-PP

ORDER :

K.V. JAYAKUMAR, J.

This criminal revision petition is preferred impugning the judgment of the learned Additional Sessions Court, Thodupuzha in Crl.A.No.316/2011 dated 30.09.2013.

2. The revision petitioner herein is the 1st accused in S.C.No.207/2009 of the Assistant Sessions Court, Kattappana registered for offence punishable under Sections 8(1) and (2) of the Abkari Act .

3. The prosecution case is that, on 09.11.2018., 1st accused as the driver and the 2nd accused as the passenger in KL-37-3964 autorikshaw had transported 35 liters of arrack in a plastic Can through Moonkipallam-Chettukuzhy public road and thereby allegedly committed offences punishable under Sections 8(1) and (2) of the Abkari Act .

4. Before the trial court, PWs.1 to 4 were examined and Exts.P1 to P8 were marked. MO1 and 2 were also identified and marked. The trial court, after a full fledged trial, convicted and sentenced the revision petitioner/1st accused to undergo rigorous imprisonment for one year and to pay a fine of Rs.1,00,000/- and in default, to undergo rigorous imprisonment for three months. However, the trial court acquitted the 2nd accused.

5. The learned Additional Sessions Judge-III, Thodupuz

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