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2024 Supreme(Online)(Ker) 72886

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.K.CHANDRAN – Appellant
Versus
STATE OF KERALA – Respondent


IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K. BABU FRIDAY, THE 7TH DAY OF JUNE 2024 / 17TH JYAISHTA, 1946 CRL.A NO. 1177 OF 2007 AGAINST THE ORDER/JUDGMENT DATED IN SC NO.328 OF 2006 OF ADDITIONAL SESSIONS COURT (ADHOC)-II, MANJERI APPELLANT/ACCUSED:

P.K.CHANDRAN S/O UNNI NAGAN AYYANATTU VEEDU, VILAYIL, PARAPPUR, MALAPPURAM DISTRICT.

BY ADV SRI.BABU S. NAIR RESPONDENT/STATE:

STATE OF KERALA REPRESENTED BY THE EXCISE INSPECTOR, MANJERI, MALAPPURAM DISTRICT - THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31.

SRI.G.SUDHEER, PP THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 07.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Aggrieved by the judgment dated 19.6.2007, passed by the Court of Session, Manjeri (Fast Track Court No.II) in S.C.No.328/2006, the appellant/accused has preferred this appeal. The appellant was convicted under Section 55(g) of the Abkari Act and sentenced to undergo simple imprisonment for a term of one year and pay a fine of Rs.1 Lakh.

2. The prosecution case is that on 26.8.2005 at about 6 p.m., the accused was found in possession of 14 litres of wash prepared for distillation of arrack a

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