HIGH COURT OF KERALA
C.S. DIAS, J
RAJESH – Appellant
Versus
THE STATE OF KERALA – Respondent
O R D E R
Dated this the 30th day of August, 2024 The application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023, by the third accused in Crime No.66/2024 of the Excise Range Office, Thrissur, which is registered against the four accused persons for allegedly committing the offences punishable under Sections 55 (a), 58, 58B & 67 of the Kerala Abkari Act ,1 of 1077(in short, ‘Act’). The petitioner was arrested and remanded to judicial custody on 29.06.2024.
2. The essence of the prosecution case is that: on 29.06.2024, at around 09:30 hours, the accused Nos.1 to 4 were found in conscious possession of 1551 litres of spirit, which was being transported in vehicles bearing registration Nos.KL-39-K 2816 &
KL-41-G-4820. The accused were arrested on the spot with the contraband article. Thus, the accused have committed the above offences.
3. Heard; Smt.K.Rajeswary, the learned counsel appearing for the petitioner and Smt. Seetha S., the learned Senior Public Prosecutor.
4. The learned counsel for the petitioner submitted that the petitioner is totally innocent of the accusations levelled against him. There is no material to show that the petitioner has committed
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