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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Jobin Sebastian, J
E. Preman – Appellant
Versus
State Of Kerala – Respondent
| Table of Content |
|---|
| 1. summary of trial court findings and appeal proceedings. (Para 1 , 2 , 3 , 4 , 5) |
| 2. opposing arguments regarding evidence and search integrity. (Para 6 , 7 , 8) |
| 3. court determination that unexplained delay in production creates fatal doubt. (Para 9 , 10 , 11 , 12 , 13) |
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 order of sentence passed against the revision petitioner for the offence punishable under Section 55(a) of the Abkari Act by the Assistant Sessions Court-II, Kozhikode as per the judgment dated 23.01.2006 in S.C. No.40/2004, which was confirmed in appeal by the Additional Sessions Court-III, Kozhikode, as per judgment dated 15.02.2007 in Crl. Appeal No.107/2006. The revision petitioner is the sole accused in the said case.
2. The prosecution case is that, on 20.08.2002, in the early morning, the accused was found standing in front of his house and a bag containing 23 bottles of indian made foreign liquor meant for sale in Goa state only was found kept on the platform of a scooter parked near the accused. Moreover, in the search conducted in the h
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