SANTHOSH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner faces allegations under Section 55(g) of the Kerala Abkari Act. After investigation, final report has been filed before the learned Magistrate by the police and accordingly, cognizance has been taken and committal proceedings has been registered.

(2.) The crux of the allegations against the petitioner is that at 5.45 p.m. on 25-11-2002 he was found transporting jaggery and kareenja patta in an autorikshaw when he was intercepted by the police party. He allegedly abandoned the articles and took to his heels. These articles can be used for the purpose of manufacturing liquor and it is the case of the prosecution that the possession of these articles was for the purpose of manufacturing liquor and consequently the act of the accused is punishable under Section 55(g) of the Abkari Act.

(3.) The learned Counsel for the petitioner submits that the allegations against the petitioners are factually untrue and false. That question cannot, of course, be resolved by this Court in proceedings under Section 482 of the Cr.P.C.