KOTTI SHIBU Vs. STATE OF KERALA
LAWS(KER)-2024-7-58
HIGH COURT OF KERALA
Decided on July 04,2024

Kotti Shibu Appellant
VERSUS
STATE OF KERALA Respondents


Referred Judgements :-

SUSHILA AGGARWAL VS. STATE [REFERRED TO]


JUDGEMENT

C.S.DIAS, J. - (1.)The application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, by the sole accused in Crime No.27/2024 of the Sreekandapuram Excise Range Office, Kannur, which is registered against him for allegedly committing the offences punishable under Ss. 8(1), 8(2) and 55(g) of the Kerala Abkari Act,1 of 1077. The petitioner was arrested on 1/5/2024.
(2.)The crux of the prosecution case is that: on 4/3/2024 at around 11.30 hours, while the Excise party was conducting patrolling duty, they got information that the accused was dealing with country made liquor. Accordingly, the Excise party went to the house of the accused. On seeing the Excise party, the accused took to his heels with a can. While running, the accused abandoned the can. In the search that was conducted in the house of the accused, the Excise party seized 2 litres of country made liquor and 80 litres of wash. The accused was arrested on 1/5/2024. Thus, the accused has committed the above offences.
(3.)Heard Sri. Satheesh V.A, the learned counsel appearing for the petitioner and Smt. Neema T.V., the learned Senior Public Prosecutor.


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