AJISH Vs. STATE OF KERALA

JUDGEMENT

(1.) Revision petitioner/accused assails the concurrent finding of conviction and order of sentence against him for the offence punishable under Sec. 55(a) of the Kerala Abkari Act, 1077 for short 'Abkari Act) in S.C. No.880/2015 of Assistant Sessions Court, Palakkad and in Crl.A No.89/2017 of Court of Sessions, Palakkad.

(2.) In short, the prosecution case is that on 12/9/2014 at around 5.30 pm at the public road near Kannannur-Thottupalam culvert in Palakkad-Alathur National Highway, the accused was found illegally transporting 248 litres of spirit in a mini lorry bearing registration No.KL-42-5280 and thereby committed the offence punishable under Sec. 55(a) of the Abkari Act.

(3.) The offence was detected by the Excise Inspector, Kuzhalmannam Excise Range and Excise Inspector of Excise Intelligence and Investigation Bureau, Palakkad, during the vehicle checking conjointly done by them on 12/9/2014 at Kannannur- Thottupalam Public road in Palakkad-Alathur National Highway. After investigation, final report was filed against the accused for the offence punishable under Sec. 55(a) of the Abkari Act.