T.BHASKARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner was the accused in SC No.415 of 2008 on the file of the Assistant Sessions Court, Hosdurg and the appellant in Crl.Appeal No.62 of 2012 on the file of the Additional Sessions Court-III, Kasargod. The offence alleged against the accused is punishable under Section 55(a) of the Kerala Abkari Act

(2.) The prosecution case in brief is that, on 13.02.2006 at about 2.30 p.m, the accused was found in possession of 4 litres of arrack in a plastic Can having the capacity of 5 liters at a place called Palkulam in Thayannur Village, Hosdurg Taluk and there by committed the offence punishable under Section 55(a) of the Abkari Act.

(3.) The trial court after having heard both sides and upon perusal of the records framed charge under Section 8(1) and (2) 0f the Abkari Act. The charge was read 0ver to which the accused pleaded not guilty.