RAJANKUNJU Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant was convicted for the offence under Section 55(a) of the Kerala Abkari Act and was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.1,00,000/- in default to undergo rigorous imprisonment for three months by judgment dated 01.02.2006 in SC.No.88/2004 on the files of the Additional Sessions Court (Ad hoc-II), Thodupuzha.

(2.) The prosecution case was that on 23.05.2002, the accused was found possessing 200 litres of arrack kept for sale and PW1, who was the Assistant Sub Inspector of Police detected the offence, arrested the accused, seized the material objects and registered the crime. Subsequently, after the completion of investigation, the final report was filed and the learned Magistrate committed the case for trial to the Sessions Court.

(3.) In order to prove the prosecution case, PWs 1 to 4 were examined and Exts.P1 to P6 were marked apart from MOs 1 and 2. The defence marked Ext.D1. After analysing the evidence adduced, the learned Sessions Judge came to the conclusion that the accused had committed the offence and thus found him guilty and imposed the sentence as stated above.