N.DINESHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the accused in S.C.No.785/2004 on the file of the Additional Session Judge (Adhoc) II Kasaragod. The above case is chargesheeted by the Excise Inspector, Kasaragod range, alleging the offence punishable under Section 55(a) of the Abkari Act.

(2.) The prosecution case is that on 12.11.2001, the accused was found in possession of 10 liters of arrack at Nellikkunnu Beach road in Kasaragod municipality and hence, he committed the offences alleged.

(3.) To substantiate the case, prosecution examined PW1 to PW4. Exts.P1 to P8 were marked on the side of the prosecution. MO1 is the material object. After going through the evidence and the documents, the trial court found that the accused committed offences under Section 55(a) of the Abkari Act and the accused was sentenced to undergo rigorous imprisonment of 1 year and to pay a fine of Rs.1,00,000/-. In default of payment of fine, the accused is directed to undergo rigorous imprisonment for two months. Aggrieved by the conviction of sentence, this Criminal Appeal is filed.