JAYAPRAKASH @ MONACHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a petition under Section 438 of the Code of Criminal Procedure. Petitioner is the 2nd accused in C.R.No.35 of 2013 of the Changanacherry Excise Range registered for the offences punishable under Sections 55(a) and (i) and Section 67 B of the Abkari Act.

(2.) On 30.04.2013 at 7.00 p.m., on finding the first accused engaged in selling Indian Made Foreign Liquor by sitting in an auto rickshaw, the Excise Officers intercepted the same and seized 6.3 litres of Indian Made Foreign Liquor kept in the auto rickshaw. The first accused allegedly furnished a statement before the Investigating Officer implicating the petitioner in the crime, thereby this petitioner has been arraigned as the 2nd accused. The allegation against the petitioner is that the first accused had been vending liquor for and on behalf of the petitioner and that the auto rickshaw also belongs to the petitioner.

(3.) Heard the learned counsel for the petitioner and the learned Public Prosecutor. Perused the case diary.