MANIKANTAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant was convicted and sentenced for the offence under Section 55(g) r/w.Section 8(2) of the Kerala Abkari Act (for short, 'the Act'). He assails the judgment in this appeal.

(2.) The prosecution case was that on 20.07.1999 at about 10.00 p.m., the accused was found brewing illicit arrack at his residence in Ottapalam in violation of the provisions of the Act. PW1, who was at that point of time the Excise Inspector of the Palakkad Excise Enforcement and Anti Narcotic Special Squad, detected the crime while searching the premises of the house of the accused, pursuant to reliable information received. The accused was immediately arrested and the contraband materials seized. Pursuant to investigation carried out by PW1, the final report was filed by PW7. Thereafter, the case was committed to the Court of Sessions for trial.

(3.) The prosecution examined PWs 1 to 7 and marked Exts.P1 to P11. Material objects were marked as MOs 1 to 5, while the defence examined DW1. After analysing the prosecution evidence, the learned Sessions Judge found the accused guilty and imposed the sentence of imprisonment and fine as mentioned earlier.