K NARAYANAN NAIR Vs. STATION HOUSE OFFICER

JUDGEMENT

(1.) This appeal arises from the conviction and sentence passed against Appellant for offence under Section 55(a) of the Abkari Act.

(2.) According to prosecution, on 29.5.1999, PW1, the Sub Inspector of Police, received a telephonic message at the police station that public had detained a person with arrack packets. PW1 proceeded to the spot along with other police officials and on reaching there at 9.30 p.m. he found that a person was surrounded by the people of the locality. The said person was sitting on the road and packets of arracks were kept close to him. There were 99 Karnataka made arrack packets each containing 100 ml. The Appellant was questioned and on being satisfied that he committed offence under the Abkari Act, he was arrested from the spot and the articles were seized and samples were also taken. A case was registered and on investigation, charge sheet was laid against Appellant by PW4.

(3.) P Ws 1 to 4 were examined and Exts.P1 to P8 and Mos 1 to 3 were marked. The accused did not adduce any evidence. The trial court after consideration of the evidence on record found that the evidence of PW1 is convincing and reliable and it also found not to insist upon corroboration by independent witnesses. On the basis of the evidence on record, the accused found to be in possession of arrack. It was also held that the defence set up by the accused that a false case was registered under political influence and that accused was found drunk etc. was not acceptable. The above findings are challenged in this appeal.