CHERKULATH SURESH Vs. EXCISE INSPECTOR / STATE OF KERALA

JUDGEMENT

(1.) The appellant is the accused in SC.No.358/2005 on the files of the Additional Sessions Court, Fast Track Court No.III (Ad hoc), Manjeri. He was found guilty for the offence under Section 8(1) of the Abkari Act and was sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.1,00,000/- in default to undergo simple imprisonment for six months by judgment dated 23.01.2007. The appellant assails the aforesaid conviction and sentence.

(2.) The prosecution alleged that on 24.12.2004, at around 6.50 a.m., the Excise Circle Inspector, while on patrol duty found the accused in possession of five litres of illicit arrack carried by him for sale in a can. After completing the formalities and arrest of the accused, the crime was registered. After completion of investigation and other statutory requirements, the final report was filed. On noticing the existence of a case exclusively triable by a Court of Session, the learned Magistrate referred the case to the Court of Sessions.

(3.) In order to prove the prosecution case, PWs 1 to 5 were examined and Exts.P1 to P8 were marked apart from material objects MO1. After analysing the evidence adduced in the case, the learned Sessions Judge found the accused guilty and convicted him and imposed the sentence as mentioned earlier.