BHASKARAN Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) This appeal is directed against the judgment dtd. 26/9/2006 in S.C.No.117 of 2004 passed by the Additional Sessions Judge (Adhoc-I), Kalpetta. The appellant/accused was convicted under Sec. 55(a) of the Abkari Act and he was sentenced to undergo rigorous imprisonment for a term of one year and pay a fine of Rs.1,00,000.00.

(2.) The case of the prosecution is that on 9/8/2001 at 7.10 p.m. the accused was found in possession of 900 ml. of country made arrack in a plastic bottle near his residence at Karikanal.

(3.) After completing the investigation final report was submitted against the accused for the offence punishable under Sec. 55(a) of the Abkari Act before the Judicial First Class Magistrate-I, Mananthavady. The case was committed to the Sessions Court, Kalpetta from where it was made over to the trial Court. On the appearance of the accused charge was framed against him under Sec. 55(a) of the Abkari Act. He pleaded innocence. The trial Court after conclusion of the trial found that the accused is guilty of offence under Sec. 55(a) of the Abkari Act and was convicted and sentenced thereunder.