NELLIKKAL SHAJI Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the accused in S.C. No.444 of 2003 on the file of the Additional Sessions Court, Adhoc-III, Thalassery. The above case is charge sheeted by the Sub Inspector of Police, Iritty Police Station against the appellant alleging offence punishable under Section 58 of the Kerala Abakar Act.

(2.) The prosecution case is that, on 17.6.2000 at 10.50 p.m., the accused was found possessing 405 litres of spirit in an Ambassador car bearing No.CNH-2, inside Vallithode market in violation of the provisions of the Kerala Abkari Act and Rules.

(3.) To substantiate the case, the prosecution examined PW1 to PW4. Exhibits P1 to P9 are the exhibits marked on the side of the prosecution. After going through the evidence and documents, the trial court found that, the accused committed the offence under Section 58 of the Abkari Act. The accusedwas sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.1,00,000/-.