MUHAMMED MUSTHAFA Vs. STATE OF KERALA

JUDGEMENT

(1.) The application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, by the petitioners who are accused 1 to 3 in Crime No.19/2024 of the Mannarkkad Excise Range Office, Palakkad, registered against them, for allegedly committing the offences punishable under Ss. 55(i), 55D, 10 and 67B of the Kerala Abkari Act,1 of 1077. The petitioners were arrested on 22/2/2024.

(2.) The prosecution allegation is that, on 21/2/2024 at about 20.55 hrs, the Excise Circle Inspector, Mannarkkad and party were conducting patrolling duty, they found accused 1 to 3 illegally transporting 95 liters of Indian Made Foreign Liquor in an autorikshaw bearing No.KL-50B-7835. The accused were arrested then and there with the contraband articles. Thus, the accused have committed the above offences.

(3.) Heard Sri. Babu S. Nair, the learned counsel appearing for the petitioners and Smt. Neema T.V., the learned Senior Public Prosecutor appearing for the respondents.