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2018 Supreme(Online)(KER) 56525

HIGH COURT OF KERALA
RAJA VIJAYARAGHAVAN, J
VIBIN @ C.M. ACHAYA – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.VARGHESE C.KURIAKOSE SRI.P.V.VARGHESE (KANJIRAMATTOM)

ORDER

1.This petition is filed under section 438 of the Code of Criminal Procedure.

2.The petitioner herein is the 2nd accused in Crime No.422 of

2017 of the Thirunelly Police Station, registered under Sections 3 read with Section 25(1)(B)(a)5(a)(b) of Arms Act and Section 55(a) of the Abkari Act.

3.The 1st accused in the instant case was intercepted by the Sub Inspector of Police, Thirunelli Police Station on 24.12.2017 at 4.10 pm at Kattikulam. Search of the vehicle in which he was travelling resulted in the seizure of 20 packets containing 180ml of Indian Made Foreign Liquor meant for sale in Karnataka and 10 live cartridges. The 1st accused is alleged to have disclosed that those cartridges were handed over to him by the petitioner herein. Consequently, the petitioner herein was arrayed as the 2nd accused. Apprehending arrest and detention in custody, the petitioner has moved this petition.

4.The learned counsel appearing for the petitioner submitted that the petitioner is a permanent resident of Kodagu District in Karnataka State and he is a planter. The residents of the Kodagu District are totally exempted from securing licence for possessing fire arms. The only requirement is tha

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