OMANA, D/O.CHELLAMMA Vs. STATE OF KERALA

JUDGEMENT

(1.) THE appellant, who is a lady preferred the above appeal challenging her conviction and sentence under Section 58 of the Kerala Abkari Act, imposed by the judgment dated 30.12.2006 in S.C. No.905/2001 of Court of the Additional Sessions Judge for the trial of Abkari Act Cases, Neyyattinkara.

(2.) THE prosecution case is that when PW2 attached to Amaravila Excise Range was travelling from south to north in the Panchayat road leading from Amboori - Panthaplamoodu Road to Changada Kadavu at Koviloor Desom, Amboori Village at about 5.30 p.m on 30.06.1999, he found the appellant/accused approaching, holding in her hand a black jerrycan of 2 = litres capacity in which, she was found in possession of 2 litres of arrack in contravention of the provisions of Abkari Act and thereby, the accused has committed the offence punishable under Section 58 of the Abkari Act.

(3.) HEARD Adv. Sri. Vishnu S. Chempazhanthiyil learned counsel for the appellant and Sri. E.M. Abdul Khader learned Public Prosecutor for the state.