SHINOJ Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) The appeal on hand is directed against judgment dated 15.05.2006 of the Additional District and Sessions Judge, Fast Track (Adhoc I), Kozhikode (for short, 'the trial court') in S.C. No.388 of 2003.

(2.) The appellant is the first accused. Altogether 4 accused were involved in the case. Accused Nos. 2 to 4 were found not guilty by the trial court and were acquitted. This appellant was found guilty for the offence punishable under Section 55 (a) of the Abkari Act (for short 'the Act') and convicted and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.1,00,000/-(Rupees one lakh only) and in default of payment of fine to undergo rigorous imprisonment for six months. Aggrieved by the judgment, the first accused has approached this Court in the captioned appeal seeking to reverse the same.

(3.) Before adverting to the grounds of challenge, it is relevant to have a brief discussion about the facts of the case :