PRASANNAKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) CHALLENGING the conviction and sentence for the offence under Section 8(1) & (2) of the Abkari Act imposed by the trial court as per the judgment dated 05/02/2005 of the court of the 3rd Additional Sessions Judge, Kollam in S.C.No.1150 of 2002, the first accused therein preferred this appeal.

(2.) THE prosecution case is that, the accused two in numbers found in possession of 158 plastic packets, each having capacity of 100 ml., arrack at about 5.40 p.m. on 28/6/1999 which was kept for sale at the coconut garden of one Jose which situates at Valathungal cherri in Eravipuram Village and thus according to the prosecution the accused two in numbers have committed the offence punishable under Section 8(1) & (2) of the Abkari Act.

(3.) HEARD Sri.C.R.Sivakumar, the learned counsel for the appellant and Sri.N.Suresh, the learned Public Prosecutor for the State.