SHAJI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner who is the accused in Crime No.41/2021 of Excise Range Office Thankamani, Idukki district registered for the offence under Section 55(g) of the Kerala Abkari Act apprehending arrest has moved this application under Section 438 of the Code of Criminal Procedure.

(2.) The prosecution allegation is that he was found in possession of 100 litres of wash kept in the cattle shed of his residential house by the excise officials at 02.30 p.m on 18.05.2021 in contravention of the provisions of the Kerala Abkari Act and the same was seized by them and thereby he has committed the aforesaid offences.

(3.) But it is argued by the learned counsel for the petitioner that he is a farmer engaged with agricultural works. He has absolutely no connection with contraband seized by the excise officials. But he has been booked in this case falsely and hence, he is constrained to approach this court with this petition.