ANIL VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner is challenging the judgment rendered by the Additional District and Sessions Judge (Adhoc)- I, Pathanamthitta in Crl. Appeal No. 98 of 2012 upholding the verdict of the Assistant Sessions Judge, Thiruvalla in S.C. No. 59 of 2011, wherein the petitioner is convicted and sentenced for the offence under Sec. 8(1) r/w 8(2) of the Kerala Abkari Act.

(2.) The prosecution case is that the petitioner, along with the second accused, was found in possession of 5 litres of arrack in a 10 litre can for the purpose of sale near M.J Plywood factory near VenkottaKunnathanam road at about 6 p.m. on 1/6/2006.

(3.) The trial court framed charge against the accused for the offence punishable under Sec. 8(1) r/w 8(2) of the Kerala Abkari Act. The accused pleaded not guilty and the prosecution examined PWs 1 to 7 and marked Exhibits P1 to P10 and MOs 1 to 4 series. From the side of the accused, DW1 examined and Exhibit D1 marked.