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2025 Supreme(Online)(KER) 7535

HIGH COURT OF KERALA
Kauser Edappagath, J
STANLEY – Appellant
Versus
THE STATE OF KERALA – Respondent


Advocates:
MANU HARSHAKUMAR

O R D E R

This revision petition has been filed challenging the dismissal of an application for discharge filed under Section 227 of Cr.P.C. The petitioner is the accused in S.C.No.530 of 2022. The offences alleged against him are punishable under Sections 55 (a), 55(i), 13 r/w 63 of the Kerala Abkari Act .

2. The prosecution allegation is that on 23.01.2022 at 1.30 p.m., the petitioner was found in illegal possession of 6.5 litres of Indian Made Foreign Liquor (for short 'IMFL') stored in a black shoulder bag at his house named Punnakkal House for sale, in violation of the provisions of the Abkari Act. The petitioner, after appearance, filed an application under Section 227 of Cr.P.C for discharge. The trial court, after hearing both sides, dismissed the application. This revision petition has been filed challenging the order of dismissal.

3. I have heard the learned counsel for the petitioner.

4. The learned counsel for the petitioner submitted that there is no prima facie material to attract the offences alleged against the petitioner, especially, Sections 55 (a) and 55(i) of the Abkari Act. A reading of the final report and the mahazar would show that on receiving the informat

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