SURENDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the accused in S.C.No.841 of 2000 on the file of the Additional Sessions Judge (Abkari), Kottarakkara. The above case was chargesheeted by the Sub Inspector of Police, Kulathupuzha against the appellant alleging offence punishable under Section 55(a)& (i) of the Abkari Act.

(2.) The prosecution case is that on 23.11.99 at 2.15 p.m., the accused was found in possession and was engaged in the sale of 3 litres of arrack in a black jerrycan with a drinking glass. It was detected by the charge witness No.6 Sub Inspector of Police, Kulathupuzha. Hence it is alleged that the accused committed the offence.

(3.) To substantiate the case, the prosecution examined PW1 to PW5. Exhibits P1 to P4 are the exhibits marked on the side of the prosecution. DW1 was examined on the side of the defence. M.O.1 and M.O.2 are the material objects. On going through the evidences and the documents, the Trial Court found that the accused committed the offence under Section 55(a) & (i) of the Abkari Act and the accused is sentenced to undergo simple imprisonment for two years and to pay a fine Rs.1,00,000/- under Section 55 (a) of the Abkari Act. In default of payment of fine the appellant/accused is directed to undergo simple imprisonment for six months. He is sentenced to undergo simple imprisonment for a period of two years and to pay a fine of Rs.1,00,000/- in default to undergo simple imprisonment for six more months for the offence under Section 55 (i) of the Abkari Act. Aggrieved by the above conviction and sentence, this Crl.Appeal is filed.