PURUSHOTHAMAN, S/O DIVAKARAN, Vs. STATE OF KERALA

JUDGEMENT

(1.) Appeal filed under Section 374(2) of the Code of Criminal Procedure (in short, "Cr.P.C.").

(2.) Appellant was involved as an accused in S.C.No.573 of 2004 on the file of Additional Sessions Court (Adhoc-II), Pathanamthitta for offences under Sections 8(1) and 8(2) of the Abkari Act (in short, "Act"). He was tried and convicted by the learned Additional Sessions Judge after examining five witnesses and marking eight documents on the side of the prosecution. MO1 is the plastic can allegedly possessed by the appellant at the time of detection, which contained illicit arrack.

(3.) Prosecution case, in short, is that on 04.05.1999 at about 6.30 a.m., the detecting officer found the accused carrying illicit arrack. He was arrested and material records were prepared from the place of detection of the offence.