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V.N.Shaji vs State Of Kerala on 31 October, 2012 cites

V.N. Narayanan Nair And Ors. vs State Of Kerala And Ors. on 14 August, 1970

(a) imports, exports [transports, transits or possesses] liquor or any intoxicating drug; or .........." Recently, a learned Judge of this Court in the decision reported in Narayanan Nair v. State of Kerala (2011(3) KLT 722) has held that, to prove an offence under Section 55(a) read with R.9 of Foreign Liquor Rules 1974, prosecution must prove that accused "brought" IMFL into State of Kerala, from some place which lies outside the State. Now let us consider whether the prosecution allegation and evidence and materials on record are sufficient to constitute the offence under section 55(a) of the Kerala Abkari Act, especially in the light of the decision of this Court cited supra. As per the police report, the 15 Crl.A.Nos.1459 of 2005 & 472 of 2009 charge against the appellant/the 1st accused is that, while he was travelling in a bus which was plying from Payyannur to Kottayam bearing registration No.KL-10-D- 2714, found in possession of Indian Made Foreign Liquor which was meant for sales in Pondichery only and transported the same, and thereby committed the offence under section 55(a) of the Abkari Act and under Rule 9 of the Foreign Liquor Rules and section 120(B) of IPC. The court charge dated 15.12.2000 is also to the effect that the Indian Made Foreign liquor which was meant for sales exclusively in Pondichery was brought and thereby committed the offence under section 55(a) of the Abkari Act and under Rule 9 of the Foreign Liquor Rules. There is no specific charge that the accused/appellants obtained it from a particular place outside the State and transported from that place to the State of Kerala. I have gone through the deposition of PW5 repeatedly to find out whether he had got any case in terms of section 55(a) of the Abkari Act. In the chief examination of PW5 he stated that, "Night 16 Crl.A.Nos.1459 of 2005 & 472 of 2009 patrol 23 KL - 10 - D - 2714 .
Kerala High Court Cites 174 - Cited by 57 - K K Mathew - Full Document
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