ASHOKAN, S/O.DIVAKARAN Vs. PUBLIC OF KERALA

JUDGEMENT

(1.) THE appellant, who is the first accused, challenging the judgment dated 11/5/2005 in S.C.No.179 of 2001 of the court of the Additional District and Sessions Judge (Ad hoc) -II, Kollam, preferred the above appeal as he is aggrieved by the conviction and sentence imposed on him for the offence under Section 55(a) & (i) of the Abkari Act.

(2.) THE prosecution case in brief is that, in violation to the orders issued by the Government and the District Collector in connection with the general election to the parliamentary constituencies on 15th and 11th September, 1999 selling/serving liquor in liquor shops, hotels, restaurants, clubs and other establishments was banned, 1st accused who was running a hotel by name 'Durga' hotel, on 05/10/1999 at 6.25 p.m. in his hotel at shop junction, by the side of Kollam - Schencottah public road, possessed or stored for sale Indian made foreign liquor and sold it to accused 2 and 3 in the middle room of the said hotel and accused 2 and 3 consumed liquor and thereby the 1st accused committed the offence under Section 55(a) & (i) of Abkari Act and accused 2 and 3 committed the offence under Section 15(c) of the Abkari Act.

(3.) HEARD Sri.George Varghese Perumpallikuttiyil, the learned counsel for the appellant and Smt.M.T.Sheeba, the learned Public Prosecutor for the State.