RAJAN @ RAJAGOPALAN, S/O. AYYAPPAN, CHALLIYATTIL HOUSE KANJIRAKODE VILLAGE, DESOM TALAPPILLY TALUK Vs. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM

JUDGEMENT

(1.) THE appellant challenges the conviction and sentence passed against him for offence punishable under Sec. 55(a) of Abkari Act.

(2.) THE allegation is that on 14.4.2000 when PW1 and other excise officials were on patrol duty and when they reached the railway station -bus stop shed at Vadakkanchery at about 3.30 PM, they found the appellant carrying a gunny bag. When it was examined, it was found to contain a card board box in which there were 12 bottles of 750ml each IMFL - Jawan XXX Special Rum. Those bottles were having the company seal and also the sticker of Kerala State Beverages Corporation. One of the bottles was opened. PW1 and others smelt and tasted the liquid and ascertained that it was liquor. Sample of 300ml was taken from the said bottle. The properties were seized as per Ext.P1 mahazar. The appellant was arrested for which Ext.P2 arrest memo was prepared. The accused and the properties were produced before the court. After conducting investigation charge sheet was laid against the appellant.

(3.) THE learned Sessions Judge after thorough scrutiny of the evidence accepted the case of the prosecution and thus the appellant was convicted as mentioned above and he was sentenced to undergo R.I. for one year and to pay Rs. 1 lakh as fine and in default to undergo R.I. for three months.