THOMAS JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the accused in the case S.C.No.760/2005 on the file of the Court of the Additional Sessions Judge, Vatakara.

(2.) On 18.03.2004, at about 18.15 hours, at the road near Abhayagiri Old Church at the place Valayam, the Sub Inspector of Valayam police station found the appellant/accused in possession of a polythene bag which contained three bottles, each having the capacity of 750 ml., of Indian Made Foreign Liquor (for short 'IMFL'). The bottles of liquor seized from the possession of the accused had the label "For Sale in Pondicherry State Only". The accused committed the offence punishable under Section 55(a) of the Abkari Act, 1077 (hereinafter referred to as 'the Act'). This, in short, is the prosecution case.

(3.) The trial court framed charge against the accused for the offence punishable under Section 55(a) of the Act. The accused pleaded not guilty to the offence and he claimed to be tried.