RAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in SC.No.646/2004 on the files of the Additional Sessions Judge (Adhoc)-I, Thodupuzha has filed this appeal, aggrieved by the judgment dated 18.7.2006, whereby he has been found guilty of offence punishable under Sections 55 and 8(1) and (2) of the Abkari Act and sentencing him to undergo rigorous imprisonment for three months and to pay a fine of Rs.1 Lakh and in default of payment of fine, to undergo simple imprisonment for a further period of three months.

(2.) The case of the prosecution is that on 12.1.2002 at about 7.15 PM, the appellant was found to be in possession of 21/2 litres of contraband arrack in a black can of 5 litre capacity, beneath a cot in the bedroom of his house. Before the trial court, the prosecution examined PW's 1 to 7 and marked Exts.P1 to P8 and identified MO1. On the side of the defense Exts.D1 to D7 were marked. On the basis of the evidence on record the trial court found the appellant guilty of the offence charged against him and imposed on him the sentence referred above.

(3.) Heard Sri Joice George, learned ounsel for the appellant and Smt.Sylaja, learned Public Prosecutor on behalf of the State.