HARIDAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the accused in S.C. No.741/2004 on the file of the Additional District and Sessions Judge, (Fast Track Court-1), Thiruvananthapuram. The above case was chargesheeted by the Sub Inspector of Police, Pangode Police Station alleging offence punishable under Section 55 (a) and (i) of the Kerala Abkari Act.

(2.) The prosecution case is that on 20.11.2002 at 9.30 p.m., the accused was found in possession of 750 ml of arrack in M.O.1 plastic bottle having a capacity of 1 litres and also found in possession of M.O.2 glass. It is alleged that the accused was in possession of the contraband for the purpose of sale. Hence it is alleged that the accused committed the offence.

(3.) To substantiate the case, the prosecution examined PW1 to PW4. Exts.P1 to P3 are the exhibits marked on the side of prosecution. M.O.1 and M.O.2 are the material objects marked by the prosecution. After going through the evidence and documents in this case, the trial court found that the accused committed the offence under Section 55 (a) r/w Section 8(2) of the Kerala Abkari Act. Accordingly, the appellant/accused is sentenced to undergo rigorous imprisonment for a period of 1 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 six months. Aggrieved by the conviction and sentence, this Crl.Appeal is filed.