LOGESH Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a revision fled by the third accused in S.C. No. 96/2011 against the order dismissing the discharge petition filed by the revision petitioner as Crl. M.P. No. 1233/2013.

(2.) The case of the prosecution in nutshell was that on 19.07.2009, at about 8.30 a.m., accused numbers 1 and 2 were found transporting 17 cans of 35 litres each containing spirit in Indica car with No. KL-03-M-639 as arranged by 3rd accused and owned by the 4th accused and found transporting the same through Kalmandapam-Manali By Pass road in Palakkad No-III Village in violations of the provisions of Abkari Act and thereby, they have committed the offence punishable under Section 55(a) of Abkari Act.

(3.) On appearance, the petitioner filed Crl. M.P. No. 1233/13 for discharge. The case of the petitioner in the petition was that, he was undergoing treatment as in -patient in General Hospital, Srirangapattanam, Karnataka from 09.07.09 to 30.07.09 due to giddiness and there is no possibility for his entrustment of the spirit as alleged. Further, his name was not mentioned in the First Information Report and also no materials have been collected for this purpose to connect him with the commission of the offence. So, he prayed for discharge.