PANACHIKKAL THANKACHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an appeal filed by the accused nos.1 and 2 in S.C.No.241/2003 on the file of the Additional Sessions Judge, Adhoc-III, Thalassery. They stand convicted and sentenced for committing offence punishable under Section 8(2) of the Abkari Act.

(2.) The prosecution case, in short, is that on 26.07.2001 at 7.30 p.m. the accused were found in possession of 4 litres of illicit arrack near Vellunni Concrete Bridge in Kelakam amsom in contravention of the Abkari Act and Rules.

(3.) On receipt of summons, the accused appeared at the court below. After hearing both sides charge was framed against the accused under Section 8(2) of the Abkari Act. The charge was read over and explained to the accused who pleaded not guilty.