Kerala High Court Asks State to Revisit the Procedure for Search & Seizure in Abkari Cases
Case: Anil Kumar A.B. v. State of Kerala & Ors.
Coram: Justice P.V. Kunhikrishnan
Case No.: WP(C) NO. 32519 OF 2010
Court Observation: “This Court while hearing criminal appeals against conviction and sentence imposed by the trial court, it could be seen that 50% of the cases are with same stereotype allegations.”
“Once an allegation is raised against the accused in an Abkari case, the jurisdiction of the Court to release the accused is very limited. This Court and the Sessions Court invoke the powers under Section 438 Cr.P.C only rarely in Abkari cases. Of course, these restrictions were imposed because of the serious nature of the offence and to eradicate the illicit manufacture of liquor. But in such situation, there cannot be any false implications against innocent persons due to private disputes.”
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Keywords
Seizure in Abkari Cases
