MOHANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellant is the accused in S. C. No. 743/2003 on the file of Additional Sessions Judge, Fast Track (Adhoc- I), Alappuzha. The above case is charge sheeted by the Excise Range Inspector, Kayamkulam against the appellant alleging offence punishable under Section 55(a) of the Kerala Abkari Act.

(2.) The prosecution case is that, on 18.09.2001 at about 5.30 p.m. while CW1 the Excise Range Inspector, Kayamkulam and his party were on patrol duty he saw the accused coming in the opposite direction along the road with a plastic bottle. When it was inspected it was found that, it contain arrack. Hence, it is alleged that the accused committed the offence.

(3.) To substantiate the case, the prosecution examined PW1 to PW4. Exts. P1 to P4 are the exhibits marked on the side of the prosecution. One witness was examined on the side of defence as DW1. MO1 is the material objects.