XXXXXXXXX Vs. STATE OF KERALA

JUDGEMENT

(1.) The application is filed under Sec. 439 of the Code of Criminal Procedure, 1973("Code', for short), by the second accused in Crime No.1/2024 of the Excise Range Office, Kayamkulam, registered against the accused, for allegedly committing the offences punishable under Ss. 55(a), 58 and 67(b) of the Kerala Abkari Act,1 of 1077. The petitioner was arrested on 3/1/2024.

(2.) The essence of the prosecution case is that: on 2/1/2024, at around 22.45 hours, the Excise party found the accused in possession of 374 litres of spirit in 11 plastic cans, in a car driven by the second accused. The accused were arrested on the spot with the contraband article. Thus, the accused have committed the above offences.

(3.) Heard; Sri.Alex K.John, learned counsel appearing for the petitioner and Smt. Seetha S., the learned Public Prosecutor appearing for the respondents.