KUTTYKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner is the accused in SC No. 44 of 2004 on the file of the Assistant Sessions Court, Hosdurg and the appellant in Crl. Appeal No. 222 of 2006 on the file of the Additional Sessions Court (Adhoc)-I, Kasaragod. The offence alleged against the accused is punishable under Section 55(a) of the Abkari Act.

(2.) The prosecution case, in brief, is that on 22.02.2001 at 9 am at a place called Thottumpuram in Nileshwar Village, the accused was found in possession of 7 litres of arrack in a can having a capacity of 10 litres in contravention of the provisions under the Abkari Act and the Rules framed thereunder.

(3.) On the appearance of the accused, after having heard both sides, the trial court framed charge against the accused for the offence punishable under Section 55(a) of the Abkari Act. The charge was read over, to which the accused pleaded not guilty.