M.SURESH Vs. STATE OF KERALA

JUDGEMENT

(1.) THE accused in Sessions Case No.646/2003 of the Additional Sessions Court (Adhoc-I) Kasaragod, who stands convicted under Section 55 (a) of the Abkari Act and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.1,00,000/-, in default, to undergo rigorous imprisonment for six more months, has come up in appeal.

(2.) THE prosecution case is that on 15.08.2001 at 7.10 p.m, the appellant was found in possession of 12 bottles, each containing 375 ml, of Indian Made Foreign Liquor meant for sales in the State of Karnataka only, at Miyapadavu in Meenja village, in contravention of provisions of the Abkari Act.

(3.) HEARD the learned counsel for the appellant and the learned Public Prosecutor. According to the learned counsel for the appellant, the prosecution has not adduced sufficient evidence to connect the appellant with the crime. It is also argued that there was delay in the production of the contraband before the court. It was further argued that even though two samples were drawn, only one sample was subjected to chemical examination in this case. Lastly it was argued that the appellant was only 19 at the time of incident and the sentence imposed by the court below is highly excessive.