Kerala High Court Asks State to Revisit the Procedure for Search & Seizure in Abkari Cases

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.”

Anil-Kumar-A.B.-v.-State-of-Kerala-Ors.-7-April-8Download

Previous Posts

No Claim Certificate (NCC) Must Be Examined in the Context of Relevant Documents and the Covering Letter under Which It Is Issued: Delhi HC

Performance Security Cannot Be Retained After Acknowledgement of Due Performance: Delhi High Court

As Is Where is in a License Agreement Does Not Absolve the Contracting Parties to Make a Minimal Disclosure: Delhi High Court

Advocate Who Voluntarily Suspended Legal Practice for Govt Employment No Longer a Member of the Bar: Kerala High Court

No Distinction between Decree or Awards Where Amounts Are In Foreign Currencies For Purposes Of Enforcement Of Arbitral Award: Delhi High Court

Person Ineligible U/s 29A IBC To Submit Resolution Plan Cannot Propose Scheme Of Compromise & Arrangement U/s 230 Companies Act 2013: Supreme Court Download Judgement

No Distinction between Decree or Awards Where Amounts Are In Foreign Currencies For Purposes Of Enforcement Of Arbitral Award: Delhi High Court

Framing of Charges | Investigation into Offence & Elaborate Appreciation of Evidence Discouraged, Only Prima Facie Material Significant: Delhi HC

Jail Is Jail: Kerala High Court Asks State to pay ₹2.5 Lakhs to Two Persons Falsely Implicated & Detained for Over 50 Days

Section 44 Of GVAT Act Akin To Garnishee Order; Requires Debtor-Creditor Relationship: Gujarat High Court

Keywords

Seizure in Abkari Cases

Tags: , , ,