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IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.B.SNEHALATHA
Ajish S/O. Janardhanan – Appellant
Versus
State Of Kerala Represented By The Public Prosecutor High Court Of Kerala – Respondent
| Table of Content |
|---|
| 1. accused caught transporting contraband. (Para 2 , 3 , 5) |
| 2. defense claims evidence lacks credibility. (Para 8 , 14) |
| 3. conscious possession leads to presumption of guilt. (Para 18 , 25 , 26) |
| 4. conviction confirmed due to established evidence. (Para 27 , 28) |
ORDER :
Revision petitioner/accused assails the concurrent finding of conviction and order of sentence against him for the offence punishable under Section 55(a) of the Kerala Abkari Act , 1077 for short ‘Abkari Act) in S.C. No.880/2015 of Assistant Sessions Court, Palakkad and in Crl.A No.89/2017 of Court of Sessions, Palakkad.
3. The offence was detected by the Excise Inspector, Kuzhalmannam Excise Range and Excise Inspector of Excise Intelligence and Investigation Bureau, Palakkad, during the vehicle checking conjointly done by them on 12.9.2014 at Kannannur- Thottupalam Public road in Palakkad-Alathur National Highway. After investigation, final report was filed against the accused for the offence punishable under Section 55(a) of the Abkari Act.
5. On an appreciation of the evidence before it and after hearing both sides, the learned Assistant Sessions Judge, Palakkad found the accused guilty of the offence un
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