SUNIL KUMAR Vs. EXCISE RANGE OFFICER

JUDGEMENT

(1.) IN this appeal, the appellant challenges his conviction and sentence imposed on him for the offence under Sections 8(1) and (2) of the Kerala Abkari Act, vide judgment dated 10.1.2004 in SC No.483 of 2002 of the court of Additional District and Sessions Judge, Fast Track (ADHOC II), Kozhikode.

(2.) THE prosecution case is that on 29.7.2000 at about 12.55 p.m., the accused was found carrying 5 litres of illicit arrack in a 5 litre black plastic kannas through the Kuttiady-Kakkodi canal road at Nanminda amsom, Kolathur desom, Kozhikode taluk near to the provision shop of Neeliyakkool Unni Madhavan Nair. Thus, according to the prosecution, the accused has committed the offence punishable under Thus, Crime No.19/2000 was registered in the Chelannur Excise Range Office against the accused. On conducting the investigation, a report was filed in the Judicial First Class Magistrate Court-III, Kozhikode from where the case was committed to the Sessions Court by order dated 19.7.2002 of the learned Magistrate in C.P.No.11 of 2002 and on taking cognizance, S.C.No.483 of 2002 was instituted in the Sessions Court and the same was made over to the present trial court for disposal.

(3.) I have heard Sri.T.G.Rajendran, learned counsel for the appellant and Smt.Laliza learned Public Prosecutor for the State.