KANNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 17.7.2003 in S.C.No.117/02 of the court of Additional Sessions Judge (Fast Track Court-I), Palakkad, since the sole accused therein is aggrieved by the conviction and sentence imposed on him for the offence under section 55 (a) of the Abkari Act.

(2.) The prosecution case is that, the accused was found in possession of 5 ltrs. of arrack in the verandah of his residential house at Kunissery, Muttichira, bearing building No.XIII/393 of Erimayoor Grama Panchayat, on 27.12.2000 at about 10.55 a.m., which was detected by the Sub Inspector of Police, Alathur, and the accused was arrested on the spot and the contraband article were seized then and there. Thus according to the prosecution, the accused has committed the offence punishable under section 55(a) of the Abkari Act.

(3.) During the trial of the case, Pws.1 to 6 were examined and Exts.P1 to P6 documents were produced and M.O.1 cannas was identified as material objects from the side of the prosecution. No evidence from the side of the defence. The trial court has finally found that the prosecution has proved beyond doubt that the accused had kept about 5 ltrs. of arrack in his residential house and accordingly, the accused is found guilty of the offence under 55(a) of the Abkari Act and consequently he is convicted thereunder. On such conviction, he is sentenced to undergo rigorous imprisonment for 3 years and also sentenced to pay a fine of Rs. 1 lakh and in default of payment of fine, he is directed to undergo simple imprisonment for a further period of 6 months. Set off is allowed. This appeal is directed against the above finding and order of conviction and sentence.