PRASHANTH POOJARI Vs. STATE OF KERALA

JUDGEMENT

(1.) This revision is directed against the judgment dated 02.05.2014 in Crl.A.No.147/2013 of the Additional Sessions Judge-III, Kasaragod whereby the learned Sessions Judge confirmed the conviction and sentence imposed by the learned Assistant Sessions Judge, Kasaragod in S.C.No.206/2011 dated 10.09.2013 for the offence punishable under Section 55(a) of the Kerala Abkari Act.

(2.) The revision petitioner is the 1st accused in S.C.No.206/2011 on the file of the Assistant Sessions Court, Kasaragod. The case arose on a final report submitted by the Sub Inspector of Police, Kumbla Police Station in Crime No.489/2010 alleging offence punishable under Section 55(a) of the Kerala Abkari Act.

(3.) The prosecution case in brief is that on 20.8.2010 at 8.10 am., the accused 1 and 2 were found transporting 400 bottles of Indian Made Foreign Liquor having capacity of 180 ml. each by name Honey Master Brandy meant for sale in Karnataka only for the purpose of unauthorized sale in Kerala at Arikkadi Junction on the side of the National Highway in contravention of the provisions of the Kerala Abkari Act and Rules framed thereunder and thereby committed an offence punishable under Section 55(a) of the Kerala Abkari Act.