KUNHUNNI Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellant is the accused in S.C. No.364 of 2006 on the files of the Additional Sessions Court, Fast Track Court No.III (Adhoc), Manjeri. He challenges the conviction and sentence imposed on him, for the offence under Sections 8(1) and 8(2) of the Abkari Act, by the impugned judgment. After finding him guilty, appellant was sentenced to undergo rigorous imprisonment for two years and was imposed with a fine of Rs.1,00,000/-, in default to undergo simple imprisonment for six months.

(2.) The prosecution alleged that on 2.2.2005 at around 5.30 pm, the Excise Inspector found the accused carrying 11/2 litres of arrack in a plastic bottle in a public place. In the presence of PWs 1 and 2, the bottle of arrack was seized and after taking the sample and complying with all the procedural requirements, the accused was arrested and investigation commenced. After completion of investigation and filing of the final report, the learned Magistrate on realising that the case involves offences triable exclusively by a court of session, the case was committed to the Sessions Court.

(3.) In order to prove the prosecution case, two independent witnesses were examined as PWs 1 and 2 for the purpose of proving the seizure of the contraband from the possession of the accused and arrest of the accused. PWs 3 to 5 were also examined to prove the prosecution case, apart from marking of Exits.P1 to P9 and the material object as MO1.