RAVI S/O. APPUNNI Vs. STATE OF KERALA

JUDGEMENT

(1.) THE accused in S.C.No.192 of 2004 of the III Additional Sessions Court(Adhoc-I), Thrissur, who stands convicted under Section 55(a) of the Abkari Act and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.1 lakh, in default, rigorous imprisonment for three more months, has come up in appeal.

(2.) THE prosecution case is that on 8.4.2000 at 1 p.m. the appellant was found unauthorizedly transporting 8 bottles, each containing 750 ml, of Indian Made Foreign Liquor and the same was seized by PW1, Preventive Officer of Excise Range Office, Irinjalakkuda, in front of the tea shop of one Francis, at the side of the Nellai - Vallakunnu road.

(3.) THE learned counsel for the appellant has argued that the incident, if at all proved, will not constitute an offence under Section 55(a) of the Abkari Act, whereas, it may constitute an offence under Section 63 of the Abkari Act.