PADMANABHA SHETTY Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant was convicted by the Additional Sessions Judge (Ad Hoc) II, Kasaragod, for offence under section 55 (a) of Abkari Act. He was sentenced to under go rigorous imprisonment for one year and to pay ' 1,00,000/- as fine.

(2.) The crime was alleged to have been detected on 4.9.1998 at 5.30 PM. The case of the prosecution is that when PW 2, Sub Inspector of Police, Manjeshwar, and his police party were on patrol duty, and when they reached Kaikkamba, the accused was found carrying plastic bag in his hand. Since he was found jittering, he was intercepted and examined. The plastic bag contained 24 bottles of 375ml each of Original Choice Whisky. The accused was arrested then and there. Exhibit P2 arrest memo was prepared. Out of the 24 bottles, two bottles were taken as sample. It was sealed and labeled in the presence of witnesses and the properties were seized as per Exhibit P3, seizure mahazar. After conducting investigation, the charge sheet was laid against the appellant.

(3.) PW1 and PW2 were examined and Exhibits P1 to P7 were marked. No material object was marked.