kerala abkari act

This query is : Resolved 
 

(Querist)
08 October 2008

sirs,
facts of my case is that 3 persons were found transporting indian made foreign licquior from pondichery state to kerala state in an auto-riksha.
accused no. 1and 2 were passengers sitting in the back seat carrying the entire contra- band articles.nothing was recovered from the possession of a 3 (driver).excise officals also admitted that they have not seen driver helping the passengers to put the mo in to his auto also.
I AM FOR A 3(AUTO DRIVER) ONLY.
IN THIS CASE, EVEN IF THE ENTIRE PROSECUTION CASE IS ADMITTED, IS IT NOT A3 ENTITLED TO ACQUITTAL ?
I AM TOLD THAT SUPREME COURT HAS MADE THIS POSITION CLEAR IN 1967 STATING THAT IN SUCH CASES PROSECUTION HAS TO PROVE THAT MOS WERE TRANSPORTED WITH THE KNOWLEDGE AND CONNIVANCE OF DRIVER ALSO.OTHERWISE, DRIVER IS NOT LIABLE.
ANYBODY, HAVING THAT PARTICULAR RULING/ ANY OTHER LATEST RULING, REPORTED IN AIR,CRIMINAL LAW JOURNAL. KLT, KLD,
PLS FURNISH

THANKS

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Manish Singh (Expert)
23 October 2008

Dear Mr. Salil,
you need any authority to prove facts of the case but the facts are proved by evidence and cross examination of witnesses.



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