RADHA Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the accused in Sessions Case No.265 of 2003 on the file of the Additional Sessions Judge, Fast Track Court-II, Alappuzha.

(2.) The above case is charge sheeted by the Excise Inspector, Mavelikkara Excise Range alleging offences punishable under Sections 8(1)(2)and 55(a) of the Abkari Act.

(3.) The prosecution case is that, on 13.2.2020 at 7.15 a.m., while PW3, the Excise Inspector, Mavelikkara Excise Range was conducting patrol duty along with his party on the western side of the road in front of the house of one Deleena Manzil belonging to one Subhash in Adikattukulangara muri in Palamel village, the accused was found picking a sack from a drainage. On inspection of the sacks, it was found containing 63 litres of arrack in 350 plastic covers each having the capacity of 180 ml. These were kept in three sacks in contravention of the provisions of the Kerala Abkari Act and Rules. Hence, the accused committed the said offence.