JAYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Leave granted.

(2.) The appellants in these appeals have been convicted for the offence punishable under Section 55(a) of Kerala Abkari Act (The Abkari Act). The appellant/petitioner in Special Leave Petition No.6767/2016 is the accused No.1. The petitioners/appellants in Special Leave Petition No. 6769/2016 are the accused Nos.2 and 4.

(3.) The allegation of the prosecution in brief is that the accused (the accused Nos.1 to 4) without any licence transported total quantity of 6090 litres of spirit in 174 plastic cans. The allegation of the prosecution is that the accused No.1 was the owner of the truck by which the spirit was transported. The case is that the said truck bearing registration number KLB-7589 was fitted with fake number plates bearing registration number KLY-730. At the time of the commission of the offence, the truck was being driven by the accused No.2 and that the accused Nos.3 and 4 were accompanying the accused No.2 in the truck.