NADARAJAN @ SELVARAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the accused in the case S.C No.153/2007 on the file of the Court of the Additional Sessions Judge, Pathanamthitta.

(2.) The prosecution case is as follows: On 24.06.2006, at about 18:15 hours, PW2 Sub Inspector and the police party with him, reached the house No.298 in Ward No. IV of Mezhuveli Panchayath, on getting information that the accused/appellant was selling arrack there. When they reached the aforesaid house, they saw the accused standing at the courtyard of the house with a can and a glass. On seeing the police party, the accused abandoned the can and the glass and ran away and escaped from the place. Though the police party chased him, they could not apprehend him. PW2 Sub Inspector examined the contents of the can. It contained about five litres of arrack. PW2 took sample of the liquid from the can and seized the sample and the can containing the residue. He returned to the police station and registered case against the accused as Crime No. 267/2006 of Pandalam Police Station.

(3.) Another Sub Inspector conducted the investigation of the case and filed final report against the accused for the offence punishable under Section 8(1) read with 8(2) of the Abkari Act.