SURESH Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner is the accused in the case S.C.No.103/2008 on the file of the Court of the Assistant Sessions Judge, Alappuzha.

(2.) The prosecution case is that, on 26.09.2004, at about 19:30 hours, at the road in front of the house of one Sukumaran in Ward No.9 of Muttar Panchayat, PW1 Excise Inspector found the petitioner/accused in possession of a plastic cover which contained a plastic bottle, having the capacity of 1.500 litres, full of spirit.

(3.) The trial court framed charge against the accused for the offence punishable under Section 55(a) of the Abkari Act. The accused pleaded not guilty to the offence and he claimed to be tried.