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2026 Supreme(Online)(Ker) 24157

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Jobin Sebastian, J
Punnappalthalil Saji Joseph – Appellant
Versus
State of Kerala – Respondent


Advocates:
For the Appellants/Petitioners: Shri.O.V.Maniprasad, Shri.Jose Antony
For the Respondents: Smt.Maya M.N., PP

Table of Content
1. procedural requirements for convicting under the abkari act (Para 1 , 2 , 4)
2. defense claims of innocent misidentification (Para 3 , 7 , 8)
3. reliability of witness accounts and evidentiary procedures (Para 9 , 10 , 11 , 12 , 13)
4. insufficiency of evidence led to acquittal (Para 14)

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 judgment of conviction and sentence passed against him for the offence punishable under Section 55 (a) of the Abkari Act by the Assistant Sessions Court, Payyannur as per the judgment dated 12.04.2011 in S.C No.1603/2005, which was confirmed in appeal by the Additional Sessions Judge-III, Thalassery, as per judgment dated 08.10.2015 in Crl. Appeal No. 266/2011. The revision petitioner is the sole accused in the said case.

2. The prosecution case is that on 04.02.2003, at about 2:40 PM, the accused was found in possession and transporting 36 bottles of Indian Made Foreign Liquor containing 375 ml each meant for sale in Karnataka State only, in a bus bearing registration No.KL-13-G-8781, in violation of the provisions contai

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