ANANDA KRISHNA PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) This Revision Petition has been filed under Ss. 397 and 401 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C' for short) and the prayer herein is to quash the process issued against the petitioner and to set aside order dtd. 9/2/2012 in S.C.No.70/2009 on the files of the Additional Sessions Adhoc-II Court, Kollam.

(2.) Heard the learned counsel for the revision petitioner as well as the learned Public Prosecutor.

(3.) As per order dtd. 9/2/2012, the learned Additional Sessions Judge, by invoking the power under Sec. 319 Cr.P.C, arrayed the revision petitioner as co-accused in S.C.No.70/2009. In S.C.No.70/2009, the prosecution case is that at 7.45 p.m on 30/10/2005, the accused was found transporting 1750 litres of spirit in a pick-up van bearing Reg.No.KL2 R 9725. The same was taken into custody and Krishna Pillai, S/o.Gopinatha Pillai, the driver of the vehicle got arrayed as the accused therein. Thereafter the Investigating Officer filed report alleging commission of offence punishable under Sec. 55(a) of the Kerala Abkari Act, by the said Krishna Pillai.