AKSHITH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the 2nd accused in Crime No.337/2020 of Kanakakunnu Police Station, registered for offences punishable under Sections 188, 269, 270 and 34 of the Indian Penal Code, Sections 8(1) and (2) of the Kerala Abkari Act, and Section 5 of the Kerala Epidemic Disease Ordinance, 2020.

(2.) The prosecution allegation is that, on 3.4.2020 at around 8.30 pm, the bike driven by the 1st accused, in which the petitioner was the pillion driver, was intercepted. On seeing the police party, the 1st accused ran away from the scene and the petitioner was apprehended. On inspection, 500 ml of illicit arrack was seized from the motor cycle, and the petitioner arrested.

(3.) The learned counsel for the petitioner submits that the petitioner was unaware of the fact that the rider of the bike was carrying illicit liquor, and in any case he has been in custody from 3.4.2020 onwards.