MANOJ Vs. STATE OF KERALA

JUDGEMENT

(1.) Apprehending arrest in Crime No.170 of 2023 of Thiruvalla Excise Range Office, Pathanamthitta, registered for offences under Ss. 8(1) and 8(2) of the Abkari Act 1 of 1077, the accused has filed this petition.

(2.) The prosecution allegation is that, on 11/8/2023 at about 6.20 p.m, the 2nd respondent, along with other officers patrolling in a jeep through the Kavumbhagaom-idinjillam road, when they reached Azhiyidathuchira junction, a middle-aged man caused the vehicle to stop there and gave secret information that accused was selling the alcohol and he was wearing a blue colour shirt and green colour kaily mundu, and he was doing the said illegal act under the guise of buffalo trading and that he was having many buffalos in the nearby property. The 2nd respondent, pursuant to the information, went to the spot wherein the accused was seen with a can in his right hand, and after seeing the Excise Jeep, he ran away. Thus, according to the Excise, liquor contained in the said can was arrack; hence, the case was registered against the accused.

(3.) The learned counsel appearing for the petitioner and the learned Public Prosecutor were heard.