K.KUNHIKRISHNAN Vs. STATE

JUDGEMENT

(1.) THE accused in S.C.No.901 of 2000 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 three months and to pay a fine of Rs.1 lakh, in default, to undergo rigorous imprisonment for three more months, has come up in appeal.

(2.) THE prosecution case is that on 5.2.2000 at 2.00 p.m. the appellant was found transporting 50 packets, each containing 100 ml of arrack produced in State of Karnataka, through the public road near the Village Office of Bandakukka Village, Kasaragod Taluk, in contravention of the 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, there is no sufficient evidence to enter into a conviction under Section 55(a) of the Abkari Act. It seems that PWs1 and 2 who were independent witnesses cited by the prosecution have turned hostile to the prosecution; at the same time, they have admitted their signatures in Ext.P1 seizure mahazar as well as the label affixed on MO1 packet in which the appellant was found carrying the contraband.