VIJAYAKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the accused in S.C. No. 1781/2001 on the file of the Additional District and Sessions Judge, Fast Track-II, Thiruvananthapuram. The above case was chargesheeted by the Excise Inspector, Excise Range, Varkala against the appellant alleging offence punishable under Section 8 (1) and (2) of the Kerala Abkari Act.

(2.) The prosecution case is that on 20.7.1999 at 5.30 p.m., the accused was found in possession of 3 litres of arrack in a 5 litre jerry can and hence he committed the offence under Section 8(1) of the Kerala Abkari Act.

(3.) To substantiate the case, the prosecution examined PW1 to PW7. Exts.P1 to P7 are the exhibits marked on the side of the prosecution. M.O.1 is the material objects. 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 1 1/2 years 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 Crl.Appeal is filed.