9911796707
TMI Blog2022 (6) TMI 1036X X X X Extracts X X X X X X X X Extracts X X X X ..... : Mr. Harshad V. Hameed, AOR Mr. Dileep Poolakkot, Adv. Mrs. Ashly Harshad, Adv. Mr. Rohith R. Kartha, Adv. JUDGMENT Rastogi, J. 1. Leave granted. 2. The correctness of judgment and order dated 11th June, 2021 passed by the High Court of Kerala in Criminal Appeal No. 800 of 2011 is challenged in appeal before this Court. 3. The appellant(A1) was charge-sheeted for offence under Section 55(g) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... place and found the appellant and others near a small watercourse, engaged in manufacturing arrack. After seeing the police, all of them tried to run away from the place. The police tried to chase them but only the appellant could be apprehended. After taking him back to the place of occurrence, the items were seized under a mahazar. 5. According to the prosecution, they found the accused engage ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Judge conducted the trial, the appellant was held guilty and convicted for the offences under Section 8(1) read with 8(2) and 55(g) of the Abkari Act and sentenced to undergo rigorous imprisonment for 5 years and to pay a fine of Rs. 1,00,000/each, and in default, rigorous imprisonment for 1 year each. 8. So far as A3 to A7 are concerned, they are acquitted under Section 235(1) of Code of Crimina ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es for the offence punishable under Section 8(1) of the Abkari Act by judgment dated 11th June 2021. 10. We have heard learned counsel for the parties and with their assistance perused the material available on record as well as the statements of PW1 and PW3. 11. Though both PW1 and PW3 have been extensively crossexamined, but nothing could be elicited out of their evidence and we find no reason ..... X X X X Extracts X X X X X X X X Extracts X X X X
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