CHANDRAN,S/O.SOMAN Vs. EXCISE INSPECTOR

JUDGEMENT

(1.) THE challenge in this appeal is against the conviction and sentence imposed against the appellant under Section 8(2) of the Kerala Abkari Act, vide judgment dated 30.12.2004 in S.C.No.313 of 2003.

(2.) THE prosecution case is that the accused, in his residential house bearing No.1/455 of Pandalam Panchayat in Mudiyoorkonam muri in Pandalam Village, kept and dealt with arrack as fully filled in two bottles each of the size of 750 ml. as could be detected by CW1 at about 10.15 a.m on 4.11.1999. On the basis of the above allegation, crime No.102 of 1999 was registered in the Adoor Excise Range Office for the offences under Sections 8(1) and (2) and 55(a) of the Kerala Abkari Act. When the investigation was over, a report was filed in the Judicial First Class Magistrate Court, Adoor and accordingly, C.P.No.9 of 2003 was instituted and subsequently, by order dated 15.3.2003, the learned Magistrate committed the case to the sessions court wherein SC No.313 of 2003 was instituted.

(3.) I have heard Sri.M.K.Harikumar, learned counsel for the appellant and Smt.Hyma, learned Public Prosecutor for the State.