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IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. GIRISH, J
ASHOKAN AYAMPAPRA KIZHAKKEKARA HOUSE, MANIMOOLA, BANDADKA VILLAGE, KASARAGODE – Appellant
Versus
EXCISE INSPECTOR RANGE, KASARAGODE – Respondent
| Table of Content |
|---|
| 1. circumstances leading to the conviction under section 55(a) of the abkari act. (Para 1 , 2 , 3) |
| 2. legal representation and argumentation regarding the conviction. (Para 4) |
| 3. issues related to evidence handling and procedural shortcomings. (Para 5) |
ORDER
The concurrent verdicts of the Assistant Sessions Court, Kasaragod, and the Additional Sessions Court (Adhoc - II), Kasaragod, in S.C.No.555 of 1999 and Crl.A.No.104 of 2003 respectively, convicting and sentencing the petitioner for the commission of the offence under Section 55 (a) of the Abkari Act , are under challenge in this revision petition.
2. The prosecution case is that on 08.08.1998 at about 4.00 pm, the petitioner was found to have been carrying 70 plastic packets containing 100 ml of arrack each, kept in a plastic sack, while at a pathway in Bandadukka Village. PWs 1 and 2, the Preventive Officers associated with the Bandadukka Excise Range, are said to have intercepted the petitioner, and seized the contraband arrack from him. Samples are said to have been collected on the spot and the petitioner was arrested. After the completion of the investigation, the Excise Inspector of Bandadukka Excise Range
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