RAHUL SUBHASH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in Crime No. 121/2021 of Kodungallur Excise Range office alleging commission of offences under Ss. 55(a) of the Abkari Act.

(2.) The allegation against the petitioner is that 750 M.L of liquor was found from the petitioner's rented house. It is alleged that the liquor in question was brought from another State and was not intended for sale in Kerala.

(3.) The learned counsel for the petitioner submits that the petitioner is also accused in Crime No. 31/2021 of Excise Range, Aluva for the offences under Ss. 22 (c) and 29 of the Narcotic Drugs and Psychotropic Substances Act. It is submitted that the house of the petitioner was searched after the petitioner was arrested in that case and then, the aforesaid quantity of Indian Made Foreign Liquor was found. It is submitted that the petitioner is absolutely innocent in the matter and that the offence under Sec. 55 (a) of the Abkari Act will not lie against the petitioner in the facts and circumstances of the case.