MODON NARAYANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE appellant was convicted by the Addl.Sessions Judge, Thalassery , for offence punishable under Section 55 (a) of the Kerala Abkari Act, ("the Act" for short) and was sentenced to undergo rigorous imprisonment for one year and to pay Rs. 1,00,000.00 as fine.

(2.) HEARD the learned Senior counsel and the learned Public Prosecutor.

(3.) P .Ws 1 to 4 were examined and Exts. P1 to P6, Mos 1 to 4 series and MO5 were marked. The court below accepted the evidence given by P.W.1, the Sub Inspector of police which was corroborated by P.W.2, the bus conductor. The court below placed reliance on P.W.1 which was to a certain extent corroborated by P.W.2. Though it was contended by the accused that it was not seized from his possession that was not accepted.