KUTTYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the accused in the case S.C.No.197/2001 on the file of the Court of the Additional Sessions Judge, Kasaragod.

(2.) The prosecution case is that, on 29.07.1999, at about 14:50 hours, at the road near the house of the appellant/accused at the place Nirali in Ambalathara Village, PW1 Excise Inspector found the accused in possession of a can containing five litres of arrack.

(3.) The trial court framed charge against the accused for the offence punishable under Section 8(1) read with 8(2) of the Abkari Act. The accused pleaded not guilty to the offence and he claimed to be tried.