SREETHAKUMAR,S/O.SREEDHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) CHALLENGING the judgment dated 24/01/2007 in S.C.No.865 of 2001 of the court of the Additional Sessions Judge for the trial of Abkari Act cases, Neyyattinkara, the sole accused therein preferred this appeal against his conviction and sentence for the offence under Section 58 of the Abkari Act.

(2.) THE prosecution case is that at about 3.10 a.m., while the police party was on patrol duty, which started at 11 p.m. on 08/12/1999, found the accused transporting 192 bottles of kingfisher premium larger beer in 16 baseboard boxes in an ambassador car bearing registration No.KRT 9826 at Bypass road near Thiruvallom Junction at Thiruvallom Desom, Thiruvallom Village and thereby the accused has committed the offence punishable under Section 58 of the Abkari Act. On the basis of the above allegation Crime No.121 of 1999 was registered in Thiruvallom Police Station for the said offence and on completing the investigation a report was filed in the Judicial First Class Magistrate Court-II, Neyyattinkara wherein C.P.No.410 of 2000 was instituted and the learned Magistrate by its order in the above proceedings subsequently committed the case to the Sessions Court where S.C.No.865 of 2001 was instituted and thereafter made over the same to the present trial court for disposal.

(3.) I have heard Sri. John K. George, learned counsel for the appellant and Smt.S.Hyma, the learned Public Prosecutor.