BABY, S/O.THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) THE appellant was convicted by the learned Addl. Sessions Judge (Adhoc)-II, Thodupuzha for offences punishable under Secs.8(1) r/w 8(2) and 55(i) of Abkari Act. He was sentenced to undergo R.I. for one year each and to pay Rs.1 lakh each as fine for the two offences mentioned earlier and in default of payment of fine to undergo S.I. for 4 months each.

(2.) THE case of the prosecution case is that on 10.11.2002 at about 10 AM, the accused was found selling arrack to another person. The appellant was found in his possession a plastic can of a capacity of 5 litres in which there was one litre of arrack. The case was detected by PW6, the S.I. of Police, Murickassery. The accused was arrested on the spot. The contraband articles were seized as per mahazar. Samples were taken from the illicit arrack which was in the can mentioned earlier. The glass in which the liquor was poured to sell it to another person was also seized. The person to whom it was being sold fled away from the scene. The appellant was also in possession of MO3 series, the currency notes, which according to the prosecution, was the amount obtained by sale of arrack to the person who fled away from the scene. It was proved that the liquor contained in the can was illicit liquor.

(3.) LEARNED Public Prosecutor submits that there is cogent and convincing evidence to sustain the verdict of conviction.