JABBAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner is the accused in the case S.C.No.670/2013 on the file of the Court of the Assistant Sessions Judge, Kozhikode.

(2.) On 27.06.2012, at about 20.15 hours, at the bus waiting shed near Mankavu Junction in Kozhikode, the Excise Inspector of Feroke Excise Range found the petitioner/accused in possession of a plastic cover which contained nine bottles, each having the capacity of 180 ml., of Indian Made Foreign Liquor (for short 'IMFL'). The bottles of liquor seized from the possession of the accused had the label "For Sale in Pondicherry State Only". The accused committed the offences punishable under Sections 55(i) and 58 of the Abkari Act, 1077 (hereinafter referred to as 'the Act'). This, in short, is the prosecution case.

(3.) The trial court framed charge against the accused for the offences punishable under Sections 55(i) and 58 of the Act. The accused pleaded not guilty to the offences and he claimed to be tried.