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1 - 3 of 3 (0.18 seconds)Surendran vs The Excise Inspector on 8 July, 2004
9. Then the question is what is the
offence attracted. Though petitioner was
convicted for the offence under Section 55(a)
of Abkari Act, as held by the Division Bench of
this court in Surendran v. Excise Inspector
(2004 (1) KLT 404) and Mohanan v. State of
Kerala (2007 (1) KLT 845), conviction for the
offence under Section 55(a) of Abkari Act will
not lie as prosecution has no case that
petitioner was in possession of the contraband
article, either in the course of import or
export. He could only be convicted for the
offence under Section 58 of Abkari Act.
Conviction for the offence under Section 55(a)
is therefore, not sustainable. But petitioner
is to be convicted for the offence under
Section 58 of Abkari Act.
Section 428 in The Code of Criminal Procedure, 1973 [Entire Act]
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