VALIYAVEETIL THAZHATHIL HARIDAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The above Criminal Appeal is filed against the conviction and sentence imposed on the appellant as per the judgment dated 30.3.2005 in S.C.No.161/2000 on the file of the Additional Sessions Judge, Fast Track Court No.III, (Ad Hoc), Manjeri. The above case is chargesheeted by the Excise Inspector, Nilambur Excise Range alleging the offence punishable under Section 55(g) of the Abkari Act.

(2.) The prosecution case is that on 2.12.1998 at about 1.30 pm, the Assistant Excise Inspector and his party while conducting patrolling, the accused was found with a can having 20 litres of wash from Pookkottumpadam in Amarambalam Village in Nilambur Taluk. The case was detected by the Assistant Excise Inspector.

(3.) To substantiate the case, the prosecution examined PW1 to PW5. Exts.P1 to P7 are marked on the side of the prosecution. MO1 is the material object.