SURESH S/O.NARAYANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE accused in S.C.No.241/2003 of the Additional Sessions Court (Adhoc), Kalpetta, who stands convicted under Section 55(a) of the Abkari Act and sentenced to undergo simple imprisonment for six months and to pay a fine of Rs.1,00,000/-, in default, to undergo simple imprisonment for one year, has come up in appeal.

(2.) THE prosecution case is that on 18.10.2001 at 5.00 p.m, he was found carrying 2 litres of arrack in a can near the 'Panayambam Kurisu' near Manalady.

(3.) ON the side of the prosecution PWs.1 to 6 were examined and Exts.P1 to P6 were marked. MO1 was identified. No defence evidence was adduced. The court below found the appellant guilty of the offence punishable under Section 55(a) of the Abkari Act, and convicted him thereunder, and sentenced him as aforesaid.