SAJEEVAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellant was found guilty of possessing arrack. He was sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.1,00,000.00 in default to undergo simple imprisonment for two years for the offence punishable under Sec. 8(1) and (2) of the Kerala Abkari Act [for short, 'the Act']. He challenges his conviction and sentence.

(2.) The prosecution case was that on 22/11/2001, the Sub Inspector of Police, Pathanamthitta Police Station received information that the accused was engaged in the sale of arrack at Vazhamuttam. On the basis of the aforesaid information, when the appellant proceeded towards the place, they found the accused sitting on a culvert on the side of vallikodeVazhamuttam public road in possession of a black can having 5 litres capacity, containing two litres of arrack in it and holding a glass containing smell and sediments of arrack. The prosecution alleged that possession of liquor without authority being a contravention of Sec. 8(1), the accused had committed the offence punishable under Sec. 8(2) of the Act.

(3.) In order to prove the prosecution case, PWs 1 to 5 were examined and Exts.P1 to P8 were marked while material objects like the black can and the glass were marked as Exts.MO1 and MO2. Five witnesses were examined as PWs 1 to 5. After analysing the facts and evidence in the case, the Sessions Judge found that the prosecution succeeded in proving that the accused was in possession of two litres of arrack and accordingly found him guilty and sentenced him to undergo the sentence mentioned earlier.