JEYAPAL Vs. STATE OF KERALA

JUDGEMENT

(1.) The application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, by the sole accused in Crime No.57/2023 of Devikulam Excise Range, Idukki District, alleging him to have committed the offence punishable under Ss. 8(1) and 8(2) of the Abkari Act. The petitioner was arrested on 19/12/2023.

(2.) The prosecution case, in brief, is that: On 19/12/2023 at about 8.40 a.m., the Adimaly Narcotic Enforcement Squad Preventive Officer and party found the accused in possession of 3.250 liters of arrack. Thus, the accused has committed the above offence.

(3.) Heard; Sri. T.V.George, the learned counsel appearing for the petitioner and Smt.Neema T.V., the learned Public Prosecutor appearing for the respondent.