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2021 Supreme(Online)(KER) 14825

HIGH COURT OF KERALA
P.V.KUNHIKRISHNAN, J
NAVARU SWAPNA REDDY – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
Sri.Nandagopal S.Kurup, Government Pleader Sri.V.Manu, SR.GP

JUDGMENT

The petitioner is the registered owner of a Toyota Innova Cresta Car bearing Registration No.TS-07-FE-8889, registered with the RTA Ranga Reddy situated in the State of Telangana. According to the petitioner, the vehicle is used exclusively by the petitioner and her family members in connection with her flower business. The petitioner hails from the State of Telangana. The husband of the petitioner, along with his friends, had taken the vehicle to Kerala during the Christmas of 2017. They came to the State of Kerala and when they reached Chalakkayam, Pamba in the above vehicle, 3.3 litres of Indian Made Foreign Liquor (IMFL) was recovered from the husband of the petitioner and five other co-passengers. The Police registered a crime and effected seizure of the vehicle with the contraband articles and reported the same to the Magistrate. A case is registered against the husband of the petitioner and the other co- passengers in the Innova Car under Section 55 (a) and 58 of the Abkari Act, with Rule 9 of the Foreign Liquor Rules, 1953 and Sec.118(e) of the Kerala Police Act. The vehicle was seized by the Detecting Officer and produced before the second respondent. The second r

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