UTHAMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner is the second accused in the case S.C No. 63/2008 on the file of the Court of the Assistant Sessions Judge, Alappuzha.

(2.) On 02.08.2005, the Excise Inspector (PW4) of the Karthikappally Excise Range was conducting patrol duty with excise party. At about 20:00 hours, when the excise party reached the road near K.V.Jetty Junction in Kumarapuram Village, they saw the motor cycle KL-46-5757 proceeding in front of them. While the excise jeep was overtaking the motor cycle, the excise party noticed that the pillion rider of the motor cycle was carrying a can with him. The excise party stopped the motor cycle. PW4 examined the can which was held by the pillion rider of the motor cycle and it was found that it contained 10 litres of arrack. PW4 arrested the rider and the pillion rider of the motor cycle and seized the can containing the arrack. The first accused was the rider of the motor cycle and the second accused was the pillion rider. This, in short, is the prosecution case.

(3.) Even before the committal of the case to the Court of Session, the first accused had died. Only the second accused faced the trial. He pleaded not guilty to the offence punishable under Section 8(1) read with 8(2) of the Abkari Act.