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IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. GIRISH, J
BALASUBRAMANIAN P.S – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. accused seeks to quash charges under section 55(i) due to lack of commercial intent. (Para 1 , 2 , 3) |
| 2. arguments presented regarding the petitioner's innocence. (Para 4) |
| 3. court’s observations indicate no evidence of intent to sell imfl. (Para 5) |
ORDER
The accused in S.C.No.23 of 2019 on the files of the Assistant Sessions Court, Thrissur, has filed this petition under Section 482 Cr.P.C. to quash the proceedings against him in the said case. The charge against him is that he committed the offence under Section
55(i) of the Abkari Act .
2. According to the prosecution, the Excise Inspector of Excise Range Office, Kolazhi, and his team, upon conducting a search on 08.11.2017 in the residence of the petitioner, an Ex-serviceman, found that he has been in possession of 22.5 litres of IMFL (Indian Made Foreign Liquor) allotted to the defence personnel. According to the Investigating Agency, the aforesaid liquor was stored by the petitioner in his residence for sale, and hence the offence under Section 55 (i) of the Abkari Act is attracted.
3. In the present petition, the petitioner would contend that he is totally innocent, and that he has been falsely implicated in
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