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Documents citing Aithappa Naik vs State Of Kerala on 3 July, 2012

C.V.Rajappan vs State Of Kerala on 30 April, 2020

6. The learned Public Prosecutor contended that the search and seizure was carried out in strict compliance of the provisions of the Abkari Act and the Code of Criminal Procedure and that the siezed articles were produced before the court without delay . Placing reliance on the decision in Aithappa Naik V. State of Kerala [2017 (2) KLT CRL.R.P.NO.5/07 6 1137], the learned Public Prosecutor contended that just because the accused was convicted under a wrong section, in spite of their being clear evidence to prove the definite offence punishable under the penal law applicable to the facts, the conviction cannot be set aside.
Kerala High Court Cites 6 - Cited by 0 - V G Arun - Full Document

Manhathanath Sukumaran vs State Of Kerala on 13 February, 2025

In appeal filed as Crl.A No.6/2012 by the accused, the Court of Session, Thalassery by relying on the decision of this Court in Aithappa Naik Vs. State of Kerala and Ors. (2017(2) KLT 1137) held that since the contraband article involved in this case was arrack, the offence attracted is Section 8(2) of the Abkari Act instead of Section 55(a) of the Abkari Act. The appellate court confirmed the sentence of imprisonment and the fine awarded by the trial court.
Kerala High Court Cites 5 - Cited by 0 - Full Document
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