CHUNDA @ VELAYUDHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused in S.C.No.120 of 2002 of the III Additional Sessions Court (Adhoc-I), Thrissur, who stands convicted under Section 58 of the Abkari Act and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.1,00,000/-, in default, to undergo rigorous imprisonment for three months, has come up in appeal.

(2.) The prosecution case is that on 13.04.1999 at 3.45 p.m., the accused was found in possession of 2= litres of illicit arrack on the road in front of the house of Kannan, S/o.Sankaran in Chozhiyamkodu Harijan Colony in Thiruvillwamala Village.

(3.) On the side of the prosecution, PWs 1 to 6 were examined and Exhibits P1 to P11 were marked. MO1 was identified. No defence evidence was adduced. The court below found the appellant guilt of the offence punishable under Section 58 of the Abkari Act, convicted him thereunder and sentenced him as aforesaid.