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May 05 2008

Nhaliyan Makkil Raveendran Vs. State of Kerala

Court : Supreme Court of India

Decided on : May-05-2008

Subject : Criminal

Acts : Kerala Abkari Act, 1077 - Sections 55; Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 64A

Reported in : JT2008(5)SC653; (2008)5SCC436; AIRSCW5321; (2008)2SCC(Cri)634

ml. It was held that the accused was guilty of offence punishable under Section 55(a) of the Kerala Abkari Act, 1077.3. Law was set into motion as the prosecution was of the view that the accused was in possession … sentence was reduced to 9 months - Appeal, accordingly, dismissed - KERALA ABKARI ACT, 1077.[Ker. Act No. 1/1077]. Sections 55(a) & (1) (as amended by Act 16 of 1977): [Dr. Arijit Pasayat & P. Sathasivam, JJ] Sentence

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Nov 16 2001

Sely Vs. State of Kerala

Court : Kerala

Decided on : Nov-16-2001

Subject : Criminal

Acts : Kerala Abkari Act, 1077 - Sections 55, 58, 377, 378 and 386; Code of Criminal Procedure (CrPC) , 1898 - Sections 106(3), 411-A(2), 417, 423(1) and 423(3)

Reported in : 2002CriLJ1207

the appellate court on 1.1.2002. Criminal - conviction - Sections 55, 58, 377, 378 and 386 of Kerala Abkari Act, 1077 and Criminal Procedure Code, 1898 - Trial Court acquitted accused appellants for offence punishable under Sections 55 (a)

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Aug 01 2003

Bindu Vs. Assistant Police Commissioner

Court : Kerala

Decided on : Aug-01-2003

Subject : Commercial

Acts : Kerala Rectified Spirit Rules, 1972 - Rule 15; Kerala Abkari Act, 1077 - Sections 55

Reported in : 2003(3)KLT583

dismissed. Commercial - possession - Rule 15 of Kerala Rectified Spirit Rules, 1972 and Section 55 of Kerala Abkari Act, 1077 - as per Section 55 (a) any person who imports, exports, transports or possesses liquor or any intoxicating … City on 11.4.2003, is conducting the investigation in Crime No. 116 of 2003 of Nemom Police Station under Sections 55(a) and 58 of the Act read with Section 120B of the IPC. The 1st respondent has stated

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Feb 22 2003

Sivadasan Vs. State

Court : Kerala

Decided on : Feb-22-2003

Subject : Narcotics

Acts : Kerala Abkari Act, 1077 - Sections 55 and 55(11); Narcotic Drugs and Psychotropic Substances Act - Sections 2 and 2(14)

Reported in : 2003(3)KLT100

does not appear as directed above. Narcotics - intoxicating drug - Sections 55 and 55 (11) of Kerala Abkari Act, 1077 and Sections 2 and 2 (14) of Narcotic Drugs and Psychotropic Substances Act - police recovered 'ganja' from

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Dec 20 2004

Sukumaran Nair Vs. State of Kerala

Court : Kerala

Decided on : Dec-20-2004

Subject : Civil

Acts : Kerala Abkari Shops Disposal Rules, 2002 - Rules 3, 3(1), 5 and 5(3); Kerala Abkari Act, 1077 - Sections 18A and 56; Constitution of India - Articles 19(6) and 47

Reported in : 2005(1)KLT562

K.S. Radhakrishnan, J.1. Booking of abkari offences under Abkari Act, 1077 except offence under Section 56 would make a licencee ineligible for extension of privilege of vending toddy is … provisions contained in Rule 5(3)(i) which was enacted by the Government in exercise of the powers conferred under Sections 18A and 29 of the Abkari Act 1 of 1077. Counsel submitted Rule 5(3)(i) and 5(3)(ii) specifically deals … the petitioner and one Devasia as accused for the offence under Section 55(i) of the Abkari Act. Writ petitioner in WP(C) No. 11275 of 2004

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Jun 18 2002

Purushan Vs. State of Kerala

Court : Kerala

Decided on : Jun-18-2002

Subject : Criminal

Acts : Kerala Abkari Act, 1077 - Sections 55 and 58

Reported in : 2002CriLJ3523

court will implement the modified punishment aforementioned. Criminal - revision - Sections 55 and 58 of Kerala Akbari Act, 1077 - petitioner found in possession of drugs - Trial Court convicted and sentence petitioner under Section 55 (a) … with regard to the ingredients necessary for constituting the offence under Section 55(a) and Section 58 of the Abkari Act.2. The accused, it was alleged, was found in possession of 8 litres of arrack intended for sale kept

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Dec 12 2006

Mohanan Vs. State of Kerala

Court : Kerala

Decided on : Dec-12-2006

Subject : Criminal

Acts : Kerala Abkari Act, 1077 - Sections 55, 55(1), 55B, 56, 56A, 57, 57A, 58, 63, 64A and 313; Narcotic Drugs and Psychotropic Substances Act, 1985

Reported in : 2008(1)KLJ436

ORDER1. What exactly is the offence punishable under Section 55 of the Kerala Abkari Act, Act 1 of 1077 (hereinafter referred to as 'the Act') is the question referred for decision of this … of sells denatured spirit fit for human consumption or adulterate liquor, he will be punishable under the other sections also like Sections 57, 57A etc. But, Section 55(a) will not be attracted merely because he sells the

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Aug 22 2005

Mary Vs. State of Kerala

Court : Kerala

Decided on : Aug-22-2005

Subject : ExciseNarcotics

Acts : Abkari Act, 1077 - Sections 3, 53, 55 and 58; Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 2, 8, 20, 36, 36A, 42, 67 and 81; Dangerous Drugs Act, 1930 - Sections 2; Code of Criminal Procedure (CrPC) - Sections 313 and 428; Abkari (Amendment) Act, 1996

Reported in : 2005(4)KLT39

plant and indeed, there is no such contention either, to the contrary.5. The Abkari Act (Act 1 of 1077 M.E.) is the State legislation on intoxicating liquor and drugs that was in force when the Narcotic Drugs … grams of ganja on 2.11.1987 and she had, therefore, committed an offence punishable under Section 55(a) of the Abkari Act. The ganja seized in this case, as revealed by Ext.P2 report of chemical analysis, bears the following description:'Partially … ganja on 2.11.1987 and she had, therefore, committed an offence punishable under Section 55(a) of the Abkari Act. The ganja seized in this case, as

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Dec 14 2005

Chami Vs. Excise Inspector

Court : Kerala

Decided on : Dec-14-2005

Subject : NarcoticsCriminal

Acts : Abkari Act, 1077- Sections 3(8), 27, 29, 29(2), 30, 31, 32, 36, 50, 55, 57, 57A, 57A(1), 57A(3) and 57B; Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 2 and 22; Prevention of Food Adulteration Act, 1954 - Sections 2; Indian Penal Code (IPC), 1860 - Sections 272, 273 and 320; Code of Criminal Procedure (CrPC) ; Poisons Act, 1919 - Sections 2 and 3; Drugs and Cosmetics Act, 1940 - Sections 26A; Kerala Abkari Shops Disposal Rules, 2002 - Rules 6, 8 and 9(2); The Kerala Poisons Rules, 1996 - Rule 2; Drugs and Cosmetics Rules

Reported in : 2006(1)KLT511

CR.No. 39 of 2005 of Excise Range Office, Ottappalam, registered under Sections 57(a), 57A(1)(iii) and 57A(3) of the Abkari Act 1 of 1077 (in short 'the Act') and Section 22 of the Narcotic Drugs and Psychotropic Substances Act … presence of chloral hydrate in the sample is admitted, it will come only as an offence under Section 55(a) of the Abkari Act. Clause (k) of Sub-section (2) of Section 29 of the Abkari Act provides that

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Oct 30 2015

Jacob Vs. The Excise Inspector, Rep. by the Public Prosecutor, High Co ...

Court : Kerala

Decided on : Oct-30-2015

Subject : Land Acquisition

the concerned court immediately. Code of Criminal Procedure, 1973 - Section 313, Section 232, Section 428, section 235(1) Abkari Act, 1077 - Section 55 (a) read with Section 34 of IPC - Indian Penal Code, 1860 Section 34 seizure … violation of the provisions of the Abkari Act and thereby all of them have committed offence punishable under Sections 55(a) of the Abkari Act and Section 34 of the Indian Penal Code. 3. After investigation, final report

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