SOMARAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the accused in the case S.C.No.434/2001 on the file of the Court of the Additional Sessions Judge, Kottarakkara.

(2.) The prosecution case is that, on 02.07.1999, at about 17.00 hours, when PW3 Sub Inspector conducted search of House No.362 in Ward No.XI of Pathanapuram Panchayat, he found that a can containing 2 1/2 litres of arrack was kept in the kitchen of the house. The Sub Inspector arrested the appellant/accused who was present in the house and seized the can containing arrack.

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