VASUDEVAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is filed against the judgment dated 28.06.2006 in S. C. No. 372/2005 on the file of Additional and District Sessions Judge, (Adhoc), Fast Track Court-III, Pathanamthitta. The above case is charge sheeted by the Excise Inspector, Adoor Range against the appellant and another alleging offence punishable under Section 55(a) of the Kerala Abkari Act.

(2.) The prosecution case is that, the accused was found transporting about 30 liters of rectified spirit in a can having capacity of about 35 liters in a bajaj auto bearing registration No. KL-3A9751 through the PWD road leading from the junction on the northern side of Perumpulikkal NSS High School Thekkekara Village Pandalam to Keerukuzhi. It is alleged that the Excise Preventive Officer found them and the accused were arrested from the spot.

(3.) To substantiate the case, the prosecution examined PW1 to PW5. Exts. P1 to P10 are the exhibits marked on the side of the prosecution. D1 and D2 are the exhibits marked on the side of the defence. MO1 is the material objects.