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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MURALEE KRISHNA S., J
BAIJU – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. factual background of the case and charges. (Para 1 , 2 , 3) |
| 2. arguments regarding investigatory deficiencies. (Para 5 , 6) |
| 3. court's analysis of procedural irregularities. (Para 8 , 9 , 10 , 11 , 13) |
| 4. final judgment based on investigatory competence. (Para 14 , 15) |
ORDER
The convict in SC No.86 of 2007 on the file of the Additional Assistant Sessions Judge-III, Kozhikode, filed this revision petition under Section 397 read with 401 of Cr.P.C. challenging the judgment dated 21.06.2010 in that Sessions Case, whereby he was convicted and sentenced to undergo rigorous imprisonment for two years and to pay fine for Rs.1,00,000/- and in default to undergo simple imprisonment for six months for the offence under Section 55 (a) of the Kerala Abkari Act and also the judgment dated 28.02.2014 in Crl.A.No.403 of 2010 passed by the 2nd Additional Sessions Judge, Kozhikode, whereby that appeal filed by the petitioner was dismissed, confirming the Trial Court judgment.
2. The prosecution case is that on 31.01.2002 at about 2.30 p.m, the petitioner-accused, along with his co-accused, was found in possession and transporting 840 litres of spirit in 28 Cans containing 35 litres e
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