C.K. MAMU Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the third accused in the case S.C No. 293/2013 on the file of the Additional Sessions Court-V, Kottayam.

(2.) The offences alleged against the petitioner are under Sections 468 and 471 read with 34 IPC and also under Sections 55(a) and 8(1) of the Abkari Act, 1077.

(3.) The prosecution case is as follows: On 12.09.2007, at 23:45 hours, the Circle Inspector, Changanacherry intercepted the lorry No. TN 74-K-5873 at the Central Junction at Changanacherry. On inspection of the lorry, it was found that 10,115 litres of spirit, contained in 289 cans, was being transported in that vehicle without any authority. The first accused was the driver and the second accused was the cleaner of the lorry. The third accused, the petitioner herein, was the registered owner of the lorry on the date of the occurrence and the fourth accused is the person to whom the third accused had allegedly sold the vehicle on the basis of an agreement.