RINEETH Vs. EXCISE INSPECTOR, KUNNAMANGALAM RANGE

JUDGEMENT

(1.) These appeals are filed by the accused Nos.1 and 2 in SC No.362/2005 on the file of the Additional Sessions Court, Fast Track (Adhoc-1), Kozhikode against the judgment dtd. 15/3/2007 convicting them u/s 8(1) and (2) of the Abkari Act.

(2.) The prosecution case in short is that on 13/1/2003 at 8.30 p.m, the accused Nos.1 and 2 were found in possession of 15 litres of arrack in two black plastic cans in the autorickshaw bearing Reg.No.KL-11G 2095 in contravention of the Abkari Act and the Rules and thereby committed the offence.

(3.) On receipt of summons, both accused appeared at the Court below. After hearing both sides, the Court below framed charge against the accused under Ss. 8(1), (2) and 67B of the Abkari Act. The charge was read over and explained to the accused who pleaded not guilty. The prosecution examined PWs 1 to 7 and marked Exts.P1 to P11. MO1 and MO2 were identified. DW1 and DW2 were examined and Exts.D1 and D2 were marked on the side of the defence. After trial, the Court below found both the accused guilty u/s 8(1) and (2) of the Abkari Act and convicted them for the said offence. The accused were sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.1,00,000.00 each, in default to suffer rigorous imprisonment for 6 months each. Challenging the conviction and sentence, the 1st accused preferred Crl.Appeal No.536/2007 and the 2nd accused preferred Crl.Appeal No.756/2007.