VISWAN Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) The appellant is the accused in S.C. No. 242 of 2005 on the file of the Additional District and Sessions Court, Fast Track (Adhoc-II), Kozhikode for an offence punishable under Sec. 8 of the Abkari Act.

(2.) The case of the prosecution is that on 11.02.2004, at 5.15 p.m., the accused was found in possession of two litres of arrack in a can in the courtyard of House No. 16/460 belonging to his wife at Muttukadavu in Thamarassery Panchayath in Kedavur Desom in Raroth Amsom. Originally, the case was charge-sheeted under Sec. 55(a) of the Abkari Act; later it was altered to Sec. 8 of the Abkari Act.

(3.) On the side of prosecution, PWs 1 to 4 were examined and Exts.P1 to P7 and MO1 were marked. After the closure of the prosecution evidence, the accused were questioned under section 313 of Crimial P.C., 1973 No defence evidence was adduced on the side of the accused.