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2024 Supreme(Online)(KER) 25379

HIGH COURT OF KERALA
BECHU KURIAN THOMAS, J
GODWIN GLANCY – Appellant
Versus
THE STATE OF KERALA – Respondent


Advocates:
SRI.P.C.THOMAS, SRI.ROJO JOSEPH, SRI.A.SAIN PAUL, SRI.P.R.SHIBU, SMT.NAVIA SEBASTIAN, ADV.P.T.JUDY

ORDER

This petition under section 482 of the Code of Criminal Procedure, 1973 challenges the proceedings in S.C. No.519/2022 on the files of the Assistant Sessions Court, Ernakulam arising out of Crime No.407/2020 of Palarivattom Police Station. Petitioner is the first accused in the said case and is facing an indictment, along with two other accused, for the offences under sections 13, 55(a) and 55(i) of the Abkari Act , 1077 apart from section 118(e) of the Kerala Police Act , 2011 and section 4(2)(e)(j) read with section 5 of the Kerala Epidemic Diseases Ordinance, 2020 (for short ‘KEDO’).

2. Prosecution alleges that on 15.05.2020 the three accused were found in possession of 18.600 litres of liquor in 25 bottles of which one did not contain the seal of the Government of Kerala. The bottles were found in the trunk of a vehicle bearing registration No.KL- 07-CF-3055, parked in the parking lot of a private business concern, near the Ernakulam Bypass. It is also alleged that as the accused were standing outside the vehicle without wearing the facemask and without maintaining social distancing during the Covid pandemic, they were arrested and the bottles were seized.

3. Sri. P.C.Thom

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