Nellikunnel Jose vs State Of Kerala

The Supreme Court held that the prosecution under Section 55(a) of the Kerala Abkari Act failed to prove the case beyond reasonable doubt, as the mere presence of the accused-appellant near the lorry was insufficient to establish guilt. The Court found that the High Court's conclusion could not be sustained based on the evidence presented. Consequently, the conviction and sentence against the appellant were set aside, and he was acquitted of the charges.