CHEMBANKUNNEL AMBADI @ KUMARAN Vs. THE STATE OF KERALA

JUDGEMENT

(1.) In this revision filed under Section 397 read with Section 401 Cr.P.C. the petitioner who is the sole accused in S.C. No. 878 of 2004 on the file of the Asst. Sessions Judge, Hosdurg challenges the conviction entered and the sentence passed against him for an offence punishable under Section 55(a) of the Abkari Act.

(2.) The case of the prosecution is that at about 7.10 p.m. on 20-12-2001 the accused then aged 66 years was found in possession of 2 litres of arrack in a jerry can having a capacity of 2 litres with a glass templer meant for sale at a place called Manikayam in Malom village of Kasaragod District and the accused has thereby committed an offence punishable under Section 55(a) of the Abkari Act.

(3.) On the accused pleading not guilty to the charge framed against him by the trial court for the aforementioned offence, the prosecution was permitted to adduce evidence in support of its case. The prosecution altogether examined 7 witnesses as P.Ws 1 to 7 and got marked 8 documents as Exts. P1to P8 and 3 material objects as Mos. 1 to 3.