VINU VISHWAM Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a petition filed under Section 482 Cr.P.C for quashing the proceedings against the petitioner in the case S.C No. 769/2010 on the file of the Additional Sessions Court (Adhoc-II), Palakkad.

(2.) The petitioner is the fourth accused in the aforesaid case. The offence alleged against him is punishable under Section 55(a) of the Abkari Act, 1077.

(3.) The prosecution case is that, on 18.08.2009, at about 13:25 hours, when the Sub Inspector of Police, Puthunagaram Police Station intercepted the car KL-07-P-1305 at the place Nochur, it was found that 315 litres of spirit, contained in nine white cans, was kept in the car without any licence or authority. The first accused was the driver and the second accused was the passenger of the car. The confession statement of the aforesaid accused revealed that the spirit was transported and brought in the car for the third accused. The petitioner, who is the fourth accused, was implicated in the case on the ground that he was the registered owner of the car.