P. D. SASIDHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the accused in S.C. No. 198/2004 on the file of the Additional Sessions Judge, (Adhoc-I), Kalpetta. The above case was chargesheeted by the Excise Inspector, Mananthavady against the appellant alleging offence punishable under Section 55 (a) of the Kerala Abkari Act.

(2.) The prosecution case is that on 10.7.2003 at 12.20 p.m., the accused was found in possession of 5 litres of country made arrack by the Excise Inspector, Mananthavady.

(3.) To substantiate the case, the prosecution examined PW1 to PW5. Exts.P1 to P7 are the exhibits marked on the side of the prosecution. M.O.1 is the material object. On going through the evidence and documents in this case, the trial court found that the accused committed the offence under Section 55 (a) of the Kerala Abkari Act. Accordingly, the accused is sentenced to undergo rigorous imprisonment for 2 years and to pay a fine of Rs. 1 lakh. In default of payment of fine, the accused is directed to undergo rigorous imprisonment for three months. Aggrieved by the conviction and sentence, this Crl.Appeal is filed.