AMBY Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in S.C.No.512/2001 on the file of the Additional Sessions Court for the Trial of Abkari Act cases, Neyyattinkara has filed this appeal being aggrieved by the judgment dated 17.02.2007, whereby he has been found guilty of offence under Section 58 of the Abkari Act and convicted and sentenced to undergo rigorous imprisonment for a period of 4 years and to pay a fine of Rs. 1,00,000/- and in default of payment of fine to undergo rigorous imprisonment for a further period of 6 months.

(2.) The case of the prosecution is that on 22.11.1999 at about 1.30 p.m., the Excise Inspector of Amaravila Excise Range while on patrol duty found the accused in possession of 15 litres of arrack in a 35 litre white jerrycan on his shoulder. Before the court below, the prosecution examined PW1 to PW6 and Exts.P1 to P7 were marked. On the basis of the evidence on record, the court below found the accused guilty of offence, convicted him and imposed on him the sentence referred above.

(3.) Heard Sri.Blaze K. Jose, learned counsel on behalf of the appellant and Smt.S.L.Sylaja, learned Public Prosecutor on behalf of the respondent.