LAWS(KER)-2021-3-78

K. ISHWARA NAIK Vs. EXCISE INSPECTOR

Decided On March 09, 2021
K. Ishwara Naik Appellant
V/S
EXCISE INSPECTOR Respondents

JUDGEMENT

(1.) The accused in Sessions case No. 995 of 2004, has filed this appeal, being aggrieved by the judgment dated 24.3.2008 of the Additional Sessions Judge(Adhoc II), Kasaragode, whereby he has been found guilty of offence under Section 55(a) of the Abkari Act and has been sentenced to undergo Simple imprisonment for one year and pay a fine of Rs.1,00,000/- and on failure to pay the fine, to undergo simple imprisonment for a further period of 3 months.

(2.) The prosecution case is that on 13.01.2004 at 4.30 P.M the accused was found in possession of twenty five packets of Karnataka made arrack, each having a capacity of 100 ml, near the borewell situated on the side of residential building bearing No.V/178 of Enmakaje Panchayat. The offence has been detected by the Preventive Officer, Badiadka Excise Range. The case was taken on file before the J.F.C.M. Court, Nadapuram as C.P.No. 270/2004 and thereafter committed to the Sessions Court, Kasaragode. The Sessions Court took the case on file as S.C.No.995/2004 and made it over to the Additional Sessions Judge(Adhoc II), Kasaragode for trial and disposal. PW1 to PW9 were examined on the side of the prosecution and Exhibits P1 to P5 were marked. The Sessions Court on the basis of the evidence on record found the accused guilty and imposed the sentenced aforesaid.

(3.) Heard Sri.T.G.Rajendran, learned counsel for the appellant and Smt.Sylaja, learned Public Prosecutor for the respondent State.