VELAYUDHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the accused in S.C. No.595/2005 on the file of the Additional District and Sessions Judge, Fast Track Court-1, Palakkad. The above case was chargesheeted by the Excise officer, Kollengode alleging offence punishable under Section 8 of the Kerala Abkari Act.

(2.) The prosecution case is that on 4.9.2003 at 5.50 p.m., the accused was found carrying 4 litres of arrack in a can through Kollengode-Kalikolumbu road at Cheerani-Kizhakkethara.

(3.) To substantiate the case, the prosecution examined PW1 to PW5. Exts.P1 to P6 are the exhibits marked on the side of prosecution. M.O.1 is the material objects marked by the prosecution. After going through the evidence and documents in this case, the trial court found that the accused committed the offence under Section 8 of the Kerala Abkari Act. Accordingly, the appellant/accused is sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 1 lakh. In default of payment of fine, the accused is directed to undergo rigorous imprisonment for six months. Aggrieved by the conviction and sentence, this Crl.Appeal is filed.