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2022 (6) TMI 1037

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....ndent : 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 the judgment passed by the High Court of Kerala dated 24th November, 2020 in Criminal Appeal No. 460 of 2006 is a subject matter of challenge in appeal before this Court. 3. The appellant, after facing trial, was convicte....

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.... IPC was set aside, that became a subject matter of challenge in appeal before this Court. 5. As per the case of the prosecution, the appellant under the leadership of co accused (A3 to A5) was found dealing with spirit and for that purpose, A3 had taken house on rent. A3 to A5 bought 3000 litres of spirit in 86 cans each containing 35 litres and stored the same in two rooms on the upstairs of th....

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....ction 55(a) of the Abkari Act and A1 and A2 under Section 309 IPC. 8. The High Court on appeal being preferred, perused the record and upheld the conviction of the appellant under Section 55(a) of the Abkari Act but modified the sentence to undergo simple imprisonment of two years and fine of Rs. 1,00,000/( Rupees One Lakh only), in default of payment of fine, the appellant was directed to underg....