VASUDEVAN S/O. CHAKKAPPAN Vs. STATEOF KERALA

JUDGEMENT

(1.) ACCUSED in S.C.No.150/2004 of the III Additional Sessions Court(Adhoc-II), Thrissur, who stands convicted under Section 55(i) of the Abkari Act and sentenced to undergo rigorous imprisonment for one year and to pay a fine of 1 lakh, in default, to undergo rigorous imprisonment for three months, has come up in appeal.

(2.) THE prosecution case is that, on 18.08.1999 at 6.15 p.m., PW1 Assistant Excise Inspector and party could see the appellant attempting to pour liquor from a 750 ml. bottle into a glass tumbler at the pathway leading to Nanthipulam paddy field. They intercepted the appellant and seized the bottle containing 700 ml. of Indian Made Foreign Liquor, the glass tumbler, a can containing 1= litres of water, two empty bottles of 180 ml. and 375 ml. capacity and an amount of 141/- from the appellant.

(3.) HEARD the learned counsel for the appellant and the learned Public Prosecutor. The learned counsel for the appellant has argued that there is no evidence in this case to prove that the appellant sold liquor. According to the learned counsel for the appellant, the appellant was in possession of permissible quantity of liquor and, therefore, it cannot constitute an offence under Section 55(i) of the Abkari Act.