IN THE HIGH COURT OF KERALA AT ERNAKULAM
JOBIN SEBASTIAN, J
MANIKANDAN @ BABU – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. appellant challenges conviction under abkari act. (Para 1 , 4 , 5) |
| 2. prosecution's claim of possession for sale. (Para 2) |
| 3. defense argues evidence is inadequate. (Para 7 , 8) |
| 4. court emphasizes necessity of solid evidence and chain of custody. (Para 9 , 10 , 11 , 12) |
O R D E R
This Criminal Revision Petition has been filed by the revision petitioner under Sections 397 and 401 of the Code of Criminal Procedure , challenging the conviction and sentence passed against him for the offence punishable under Section 8 (2) r/w 8(1) of the Abkari Act by the Assistant Sessions Court, Palakkad as per the judgment dated 06.02.2015 in S.C No.612/2012, which was confirmed in appeal by the Sessions Judge, Palakkad, as per judgment dated 23.11.2016 in Crl. Appeal No. 49/2015. The revision petitioner is the sole accused in the said case.
2. The prosecution case is that on 14.05.2012, at 06.35 p.m., the accused was found in possession of 10 liters of arrack for the purpose of sale in violation of the provisions contained under the Abkari Act . Thus, the accused is alleged to have committed the offence punishable under Section 8 (2) r/w 8(1) of the .
3. During trial, from the sid
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