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2026 Supreme(Online)(Ker) 24159

IN THE HIGH COURT OF KERALA AT ERNAKULAM
JOBIN SEBASTIAN, J
PRADEEP – Appellant
Versus
THE STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: Sri.Jeswin P.Varghe
For the Respondents: Smt. Maya M. N., P. P.

Table of Content
1. application of code of criminal procedure principles in criminal revision. (Para 1 , 2)
2. procedural failures can negate charges in abkari cases. (Para 4 , 5)

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 order sentence passed against him for the offence punishable under Sections 55 (b) & 55(g) of the Abkari Act by the II Additional Assistant Sessions Court, Kozhikode as per the judgment dated 21.11.2016 in S.C No.417/2015, which was confirmed in appeal by the Additional Sessions Court-I, Kozhikode, as per judgment dated 12.06.2017 in Crl. Appeal No.518/2016. The revision petitioner is the sole accused in the said case.

2. The prosecution case is that on 26.07.2014, at about

04:45 p.m., in a partially constructed residential house of PW5, the accused was found in possession of 150 litres of wash, other utensils for brewing of arrack, in violation of the provisions contained under the Abkari Act . Thus, the accused is alleged to have committed an offences punishable under Sections 55 (b) &

55(g) of the Abkari Act .

3. Dur

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