SUBRAHMANIYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is at the instance of the sole accused in S.C. No. 71/2002 of the Court of Addl. District and Sessions Judge(Adhocl),Thodupuzha, who challenges his conviction and sentence under Section 55(a) of the Abkari Act (for short, 'the Act' only).

(2.) The prosecution case is that on 14.6.99 at 3 p.m. the accused was found in possession of 3 litres of arrack in a plastic can at Vattappara junction at a place called Pothamedu. On the basis of the said allegation, crime No. 8/99 of Devikulam Excise Range was registered. After investigation, a final report was filed in the Court of Judicial First Class Magistrate, Devikulam, whereupon C.P. No. 3/2001 was initiated and by order dated 6.10.2001, the learned Magistrate committed the case to the Sessions Court, Thodupuzha where the case was instituted as S.C. No. 71/2002, which was made over to the court of Assistant Sessions Judge, but subsequently, it was transferred by the Sessions Court to the trial court for disposal. During the course of trial, PWs 1 to 3 were examined on the side of the prosecution and Exts.P1 to P5 were marked as documentary evidence. M.O-1 material object was also identified and marked. The defence's stand was total denial. No evidence was adduced from the side of the defence. Finally, on the basis of the evidence and materials on record, the trial court found that the accused is guilty of the offence under Section 55(a) of the Act and accordingly he is sentenced to undergo rigorous imprisonment for a period of three months and to pay a fine of Rs. 1,00,000/-(one lakh) with a default sentence of simple imprisonment for three months. It is the above judgment and order of conviction and sentence challenged in this appeal.

(3.) I have heard Sri Padayattee Yeldo, the learned Counsel appearing for the appellant and also the learned Public Prosecutor.