ASHOKAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The above appeal is filed by the accused in S.C No.342/2000 on the file of the Special Court for Abkari Act Cases, Kottarakkara. The case is charge sheeted against the accused by the Sub Inspector of Police, Punalur alleging offence punishable under Section 55(a) of the Abkari Act.

(2.) The prosecution case is that on 29.11.1997, when the Sub Inspector of Punalur Police Station was conducting law and order petrol duty along with his party at 5.p.m, the accused was found in possession of two liters of Arack in a kannas having the capacity of five liters at the place of occurrence. Thus, it is alleged that the accused committed the offence under Section 55(a) of the Abkari Act.

(3.) To substantiate the case, the prosecution examined PW1 to PW5. Exts.P1 to P4, M.O.1 to M.O.3 are material objects. Ongoing through the evidence and documents, the Trial Court found that the accused committed the offence under Section 55(a) of the Abkari Act. He is sentenced to undergo simple imprisonment for two years and pay a fine of Rs.1,00,000/- (one lakh). In default of payment of fine, the accused is directed to undergo simple imprisonment for six months. Aggrieved by the above said conviction and sentence, this criminal appeal is filed.