PREMAN Vs. STATE OF KERALA REPRESENTED BY THE EXCISE INSEPCTOR BALUSSERY EXCISE RANGE OFFICE REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM

JUDGEMENT

(1.) THE challenge in this appeal is against he conviction and sentence imposed against the appellant who is the sole accused in S.C.No.525 of 2008 of the court of Additional District and Sessions Judge Fast Track (Ad hoc-I)- Kozhikode.

(2.) THE case of the prosecution is that on 18.4.2007 at about 7.10 p.m. when PW1 and party reached on the western side of the road leading from Kannadipoyil to Kunnikkottathil in front of the house of one Pindam Neekkiyil Babu, the accused found in possession and transporting a can having the capacity of 2= ltrs. with 2 ltrs. arrack therein. Thus according to the prosecution, the accused has committed the offence punishable under section 8(1) and (2) of the Abkari Act.

(3.) LEARNED counsel for the appellant vehemently submitted that the prosecution has miserably failed to prove the allegation against the appellant since the evidences on record are not satisfactory and the interested version of the official witnesses are not supported by any independent source and therefore the conviction and sentence are liable to be set aside. It is also the submission of the learned counsel that after the arrest of the accused/appellant on 18.12.2010, he had already undergone the substantial sentence, and the default sentence will also over by another one or two months and therefore a lenient view may be taken in the matter of sentence.