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2023 Supreme(Online)(KER) 41322

HIGH COURT OF KERALA
MRS. SOPHY THOMAS, J
ANDIKUTTY – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.T.R.HARIKUMAR
For the Respondents: SHRI RENJITH GEORGE, SR.PUBLIC PROSECUTOR

Table of Content
1. overview of the case and prosecution evidence. (Para 1 , 2 , 3 , 4 , 5)
2. conclusion of the court's analysis and decision. (Para 6 , 7 , 14)
3. argument regarding failure to follow seizure procedures. (Para 8 , 9 , 10)
4. importance of section 53a compliance in prosecutions. (Para 11 , 12 , 13)

O R D E R

This revision is at the instance of the accused in S.C No.

482 of 2006 on the file of Additional Assistant Sessions Judge, Kozhikode, assailing the judgment in Crl.Appeal No.560 of 2009 on the file of Additional District and Sessions Judge Fast Track (Adhoc-I), Kozhikode, which upheld his conviction and sentence under Section 8 (2) of the Abkari Act .

2. The prosecution case is that on 02.09.2005, on getting reliable information that the revision petitioner was distilling illicit arrack in his house, PW1, Sub Inspector of Police, Kunnamangalam and Police party proceeded to his house after sending search memo to the court, and on search, they found a 5 litre can containing 2.5 litres of arrack in his bedroom beneath the cot, and four plastic pots containing 30 litres of wash were also found hidden behind the house. The revision petitioner was arrested on the spot at 5

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