HARISH Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner is the first accused in the case S.C.No.922/2000 on the file of the Court of the Assistant Sessions Judge, Hosdurg.

(2.) On 26.05.2000, PW5 Sub Inspector was checking vehicles at the road in front of Cheemeni Police Station. At about 21.00 hours, the police party stopped the autorickshaw KL-14A 1746 which came by that road. PW5 inspected that vehicle. He examined the contents of the can which was held by the passenger of the autorickshaw and it was found that it contained five litres of arrack. PW5 arrested the driver and the passenger of the autorickshaw and seized the can containing the arrack. The first accused was the passenger of the autorickshaw and the second accused was its driver. This, in short, is the prosecution case.

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