K.V.KRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The above appeal is filed by the accused in S.C.No.281/2003 on the file of the Additional Sessions Judge (Adhoc) III, Kasaragod. The Excise Inspector, Hosdurg Excise Range chargesheeted the accused alleging the offence punishable under Section 55(a) of the Kerala Abkari Act.

(2.) The prosecution case is that on 8.11.2000 at about 6 pm, the accused was found carrying a cannas of 10 liters with full of arrack in it at the road leading to Anandanpalla from Kottarachal near the house having No.KMC WXXI/30 owned by one K.V.Krishnan situated at Anandanpalla, Kanhangad in Hosdurg Taluk. The detection was by the Excise Inspector, Hosdurg Excise Range. After investigation, the final report was filed before the committal court. The case was committed to the Sessions Court and before the Sessions Court, a charge was framed under Section 55(a) of the Abkari Act. The accused pleaded not guilty. Thereafter, PW1 to PW6 were examined on the side of the prosecution. Exts.P1 to P7 are marked as exhibits. One witness was examined on the side of the defence. MO1 is the material object.

(3.) After going through the evidence and the 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 a period of one year and to pay a fine of Rs.1 lakh. In default of payment of fine, the accused is directed to undergo simple imprisonment for six months. Aggrieved by the conviction and sentence, this Criminal Appeal is filed.