PADINHAREDATH JAMES Vs. STATE

JUDGEMENT

(1.) The revision petitioner is the accused in the case C.C. No. 1061/1997 on the file of the Court of the Judicial First Class Magistrate, Taliparamba.

(2.) The prosecution case is that, on 29.05.1997, at about 18:30 hours, at the road at the place Odathupalam, PW2 Sub Inspector found the petitioner/accused in possession of a plastic bag which contained 45 packets of arrack, each packet having the capacity of 100 ml.

(3.) The petitioner/accused pleaded not guilty to the offence punishable under Section 55(a) of the Abkari Act which was charged against him. Thereupon, the prosecution examined PW1 to PW6 and marked Exts.P1 to P4 documents and MO1 to MO3 material objects. DW1 was examined on the side of the accused.