SREEDEVI Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner is the second accused in the case C.C.No.413/1999 on the file of the Court of the Judicial First Class Magistrate-II, Chengannur.

(2.) On 11.03.1997, PW1 Excise Circle Inspector and party were conducting patrol duty. They got reliable information that illicit liquor was kept in the house of the accused in Ward No.II of Chettikulangara Panchayat. When PW1 and the excise party with him reached the aforesaid house at about 17.00 hours, they saw the first accused, who was standing at the courtyard of the house, handing over a can to his wife, the second accused. PW1 seized the can from the second accused and examined its contents and he was satisfied that the liquid in the can was spirit. The excise party then searched the house and seized seven more cans containing spirit and 79 bottles, each having the capacity of 180 ml., of illicit foreign liquor. This, in short, is the prosecution case.

(3.) Before the trial court, the two accused pleaded not guilty to the offences punishable under Sections 8 and 55(a) of the Abkari Act. Thereupon, the prosecution examined PW1 to PW5 and marked Exts.P1 to P8 documents and MO1 to MO8 material objects. DW1 was examined on the side of the accused.