SUDHAKARAN P K Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in S.C.No.242 of 2002 of the Additional Sessions Court (Adhoc-II), Kozhikode, who stands convicted under Section 55(a) of the Abkari Act, sentenced to undergo rigorous imprisonment for 1= 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 11.09.2000 at 8.20 p.m., the appellant was found in possession of two litres of illicit arrack in a plastic can, at a place called Kalathilpuzhayariku and consequently he was placed under arrest and the contraband was seized. PW4 the Sub Inspector of Police, Elathur registered Crime No.137 of 2000 through Exhibit P5 First Information Report.

(3.) On the side of the prosecution, PWs 1 to 6 were examined and Exhibits P1 to P10 were marked. MO1 was identified. The court below found the accused guilt of the offence under Section 55(a) of the Abkari Act, convicted him thereunder and sentenced him as afore said.