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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. V. BALAKRISHNAN, J
SUDARSANAN – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. details of arrest and conviction of the accused under the abkari act. (Para 1 , 2 , 3 , 4) |
| 2. arguments on the validity of prosecution's evidence and procedural concerns. (Para 6 , 7 , 8) |
| 3. court's observations on the integrity of evidence handling and proof of tampering. (Para 9 , 10 , 11) |
O R D E R
Under challenge in this revision petition is the conviction and sentence rendered against the revision petitioner under Sections 8 (1)
read with 8(2) of the Abkari Act .
2. The revision petitioner is the sole accused in SC No.595 of 2010 on the files of the Assistant Sessions Court, Karunagappally. He stood trial before that court for committing an offence punishable under Sections 8 (1) r/w 8(2) of the Abkari Act .
3. The prosecution case is that, on 11.03.2007, while PW1, the Preventive Officer attached to the Karunagappally Excise Range Office, and his party were patrolling, they found the accused carrying arrack in a black can having a capacity of 5 litres at a place called Alumpeedika Junction.
4. The trial court, on elaborate appreciation of the evidence on record, found the accused guilty and convicted him under Section 8 (1) of the Abkari Act . It sentenced th
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