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2024 Supreme(Online)(KER) 22057

HIGH COURT OF KERALA
C.S. DIAS, J
LAKSHMI – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
P.SAMSUDIN, JASNEED JAMAL, LIRA A.B., DEVIKA E.D., ABIN RASHID

O R D E R

The application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘ BNSS ’, for short) by the sole accused in Crime No.97/2024 of the Nilambur Excise Range Office, Malappuram, which is registered against her for allegedly committing the offences punishable under Sections 55 (i) and 58 of the Kerala Abkari Act , 1 of 1077 ( in short, ‘Act’). The petitioner was arrested and remanded to judicial custody on 28.06.2024.

2. The essence of the prosecution case is that:

on 28.06.2024, at around 11.55 hours, the accused was found in conscious possession of 5.100 litres of illicit arrack, which was meant for sale. The accused was arrested on the spot with the contraband article.

Thus, the accused has committed the above offences.

3. Heard; Sri. Samsudin Panolan, 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 innocent of the accusations leveled against her. There is no material to substantiate the petitioner’s involvement in the case. The petitioner has been in judicial custody for the last more than 60 days, the investigation in t

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