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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Jobin Sebastian, J
Chacko – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. summary of trial and appellate court findings regarding abkari offences. (Para 1 , 2 , 3 , 4 , 5) |
| 2. parties' contentions regarding the accused's possession versus lack of connection with the seized contraband. (Para 6 , 7) |
ORDER
This Criminal Revision Petition has been filed under Sections
397 and 401 of the Code of Criminal Procedure, challenging the judgment of conviction and the order of sentence passed against the revision petitioner for the offence punishable under Section 8(2) r/w 8(1) of the Abkari Act by the Assistant Sessions Court-II, Kozhikode as per the judgment dated 10.11.2016 in S.C No.1330/2014, which was confirmed in appeal by the Additional Sessions Court-I, Kozhikode, as per judgment dated 28.04.2017 in Crl. Appeal No. 498/2016. The revision petitioner is the sole accused in the said case.
2. The prosecution case is that on 25.12.2013, the accused was found in possession of 15 litres of illicit arrack for the purpose of sale in contravention of the provisions contained under the Abkari Act and thereby committed the offence punishable under Section
8(2) r/w 8(1) of the Abkari Act.
3. During trial, from the side of the prosecution, PW1 to PW9 were exa
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