P.J.MATHAI @ KUNJUMON Vs. STATE OF KERALA

JUDGEMENT

(1.) AGGRIEVED by the judgment dated 3/6/2003 in S.C.No.442 of 2001 of the court of the Additional District & Sessions Judge Fast Track (Adhoc -II), Kozhikode, the accused two in numbers therein, preferred this appeal, as they are convicted and sentenced for the offence under Section 55(a) of the Abkari Act.

(2.) THE prosecution case is that, on 29/12/1999 on getting reliable information that two persons are engaged in illicit distillation of arrack on the bank of a Poonoor river near Muthottikkal bazar, PW.3 and party went to the said place and the accused two in numbers found coming from river bank on completing the illicit distillation of arrack and each of them were holding 5 litre can of which contained 3 litre of illicit arrack and the accused were intercepted and they were arrested from the spot and the illicit arrack was seized. Thus, according to the prosecution the accused have committed the offence punishable under Section 55(a) of the Abkari Act. Thus, on the above allegation Crime No.459 of 1999 was registered in the Thamarassery Police Station for the offence punishable under Section 55(a) of the Abkari Act.

(3.) HEARD Sri.R.Bindu, the learned counsel for the appellant and Sri.N.Suresh, the learned Public Prosecutor for the State.