RAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellant is challenging the conviction and sentence imposed on him by the trial court for an offence under Section 8 of the Abkari Act.

(2.) Heard the learned counsel for the appellant and the learned Public Prosecutor.

(3.) Prosecution case in brief is that on 11-12-1997 at about 6.00 p.m., when the Excise Inspector and party of Adoor Excise Range were conducting patrol duty, they found the appellant walking through a public road carrying a can having a capacity of 5 litres. On seeing the Excise party, the appellant got perplexed and attempted to retreat. On suspicion, he was prevented and the can possessed by him was examined. It was found that it contained 4 litres of illicit arrack. Hence, the accused was arrested after complying with the formalities.