K.BHASKARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner was the accused in CC No. 728 of 1997 on the file of the Judicial First Class Magistrate Court, Mattannur and the appellant in Crl. Appeal No. 436 of 2001 on the file of the Additional Sessions Court, Adhoc-II, Thalassery. The offence alleged against the accused was punishable under Section 55(a) of the Abkari Act, 1 of 1077 (hereinafter referred to as, "the Act").

(2.) The trial court, by its judgment dated 30.07.2001, found the accused guilty of the offence punishable under Section 55(a) of the Act and accordingly, convicted and sentenced him to undergo rigorous imprisonment for six months and also to pay a fine of Rs.25,000/- and in default of payment of fine to undergo simple imprisonment for three months more.

(3.) Challenging the conviction and sentence, the accused preferred Crl.Appeal No. 436 of 2001 before the Additional Sessions Court, Adhoc-II, Thalassery. The learned Additional Sessions Judge dismissed the appeal, confirming the conviction and sentence imposed by the trial court.