RAVI Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in S.C.No.214/2005 on the files of Additional Sessions Judge, Fast Track court -III, Palakkad is the appellant. The appellant was convicted by judgment dated 23.11.2007 to undergo imprisonment for two years and to pay a fine of Rs.1 lakh for the offence under Section 55 (a) of the Abkari Act, 1077( for short 'the Act').

(2.) The case of the prosecution is that, on 18.7.1998 at about 5.p.m the accused was found carrying 4 liters of illicit arrack in a can through the northern bund of Kanjirappuzha canal. On verifying the contents of the can it was found to be arrack and hence after completing the investigation final report was filed for the offence under Section 55 (a) of the Act. The accused was later committed to the Court of Sessions Palakkad for trial.

(3.) In order to prove the prosecution case, Pws 1 to 4 were examined and Exts.P1 to P8 were marked apart from material object MO1.