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2026 Supreme(Online)(Ker) 1900

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
T.J.ANTONY – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.S.M.PRASANTH, DR.K.BALAKRISHNAN
For the Respondents: SRI. NOUSHAD K.A.

Table of Content
1. conviction details (Para 2 , 3)
2. arguments by counsel (Para 4 , 5)
3. issues with prosecution evidence (Para 6 , 7 , 8 , 9)
4. outcome of the appeal (Para 10)

JUDGMENT

The appellant was the accused in S.C.No.91 of 2014 on the files of the Additional Sessions Court-I, Kalpetta. By the impugned judgment dated 09.03.2015, the appellant was found guilty for the offence under Section 55 (g) of the Abkari Act , 1077 (for short, 'the Act') and was sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.1,00,000/- in default to undergo rigorous imprisonment for three months. The appellant assails the said conviction and sentence imposed upon him. 2. According to the prosecution, on 16.10.2012, the accused was found in possession of 30 litres of wash used for the purpose of preparing illicit arrack and thereby committed the offence under (g) of the Act.

3. In order to prove the prosecution case, they examined PW1 to PW6 and marked Ext.P1 to Ext.P12 apart from MOs.1 to 3. After analysing the prosecution evidence, the trial court came to the conclusion that the accused was guilty of the offence and was sentenced as mentioned earlier.

4.

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