MADHU Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner is the first accused in the case C.C No. 1068/1997 on the file of the Court of the Judicial First Class Magistrate, Thiruvalla.

(2.) On 27.06.1996, at about 18:00 hours, the Preventive Officer of the Thiruvalla Excise Range conducted search of the toddy shop T.S.No.20/96-97. The excise party found a plastic bag in the kitchen room of the toddy shop. On examination of the plastic bag, it was found that it contained 25 plastic covers, each having the capacity of 100 ml, full of arrack. The Preventive Officer seized the arrack and arrested the petitioner who was present in the toddy shop. The first accused was the salesman and the second accused was the licencee of the toddy shop. They committed an offence punishable under Section 55(i) of the Abkari Act, 1077. This is the prosecution case.

(3.) The two accused in the case pleaded not guilty to the offence punishable under Section 55(i) of the Abkari Act. The prosecution examined PW1 to PW5 and marked Exts.P1 to P4 documents and MO1 series material objects. No evidence was adduced by the accused.