ASHRAF Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision Petitioner is the second accused in S.C. No. 348 of 2004 on the file of the court of Additional District and Sessions Judge (Adhoc), Fast Track Court No. -III, Manjeri and the challenge is against Annexure-D charge framed against him for the offence under Section 15C of the Abkari Act.

(2.) The prosecution case is that at about 6.15 p.m. on 13.4.2002, when the Police conducted search in the hotel of the first accused, the first accused was found selling Indian Made Foreign Liquor to the second accused at the kitchen of the hotel, which is belonging to the first accused and the Petitioner herein/second accused consumed Indian Made Foreign Liquor inside the hotel which is a prohibited place and therefore, according to the prosecution, the Petitioner had committed the offence under Section 15C of the Abkari . Act. Based upon the report filed after investigation in Crime No. 120 of 2002 of the Edakkara Police Station, the learned Judicial First Class Magistrate Court, Nilambur committed the case to the Sessions Court and accordingly, S.C. No. 348 of 2004 is instituted in the above court. On appearance of the accused, a formal charge is framed against the Petitioner as well as the first accused. It is the above charge against the second accused, challenged in this Criminal Revision Petition.

(3.) I have heard Sri.U.K. Devidas, learned Counsel appearing for the revision Petitioner and the learned Public Prosecutor.