BIJU Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner is the accused in the case S.C No.319/2010 on the file of the Court of the Assistant Sessions Judge, Thodupuzha.

(2.) The prosecution case is as follows: On 26.10.2009, when the Preventive Officer (PW1) of the Excise Range Office, Thodupuzha was conducting patrol duty with excise party, he received information that the accused was conducting sale of liquor in his house. PW1 prepared search memo and sent it to the court. Thereafter, he proceeded to the house of the accused with excise party. When he reached near the aforesaid house, he saw the accused standing at the verandah of the house with a bottle containing liquid and an ounce glass. Two other persons were drinking some liquid from the glass in their hands. On seeing the excise party, the aforesaid two persons abandoned the glass and ran away and escaped from there. PW1 inspected the bottle and the glass held by the accused. By the taste and smell of the liquid contained in the bottle, PW1 was convinced that it was liquor. On examining the glasses abandoned by the two persons, it was found that the glasses had the smell of liquor. On conducting search of the house, another bottle containing liquor was also found. PW1 arrested the accused and took samples from the two bottles and sealed the sample bottles and the liquor bottles and affixed label on them and seized them. It is alleged by the prosecution that the accused had conducted sale of liquor in his house without any authority.

(3.) The trial court framed charge against the accused for the offence punishable under Section 55(i) of the Abkari Act. The accused pleaded not guilty to the offence and he claimed to be tried.