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2022 Supreme(Online)(KER) 48850

MADHU.A.P – Appellant
Versus
STATE OF KERALA – Respondent


JUDGMENT

These appeals are directed against the judgment dated 19.03.2008 in S.C.No.436/2006 on the file of the Additional Sessions Judge, Fast Track Court-III (Adhoc), Manjeri which arose from Crime No.167 of 2005 of Valancheri Police Station. The appellants in Crl.A.No. 753/2008 are accused Nos.1 to 3 and the appellant in Crl.A.No.764/2008 is accused No.4.

2. By the impugned judgment, the appellants were convicted for the offence punishable under Section 8(2) of the Abkari Act. They were sentenced to undergo rigorous imprisonment for a period of two years each and pay a fine of Rs.1,00,000/- each under Section 8(2) of the Abkari Act.

3. The prosecution case is that on 13.06.2005 at

10.50 a.m the appellants/accused 1 to 4 were found transporting 15 litres of illicit arrack in three cans kept in a bag in an auto rickshaw bearing registration No. KL-10 B/3662 through Chembra-Valanchery road.

4. After completing the investigation, final report was submitted against the accused for the offence punishable under Section 8(2) of the Abkari Act before the Judicial First Class Magistrate Court, Tirur. The case was committed to the Sessions Court, Manjeri from where it was made over to the trial

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