MOHANAN PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) ACCUSED in S.C.No.594/1999 of the Additional Sessions Court (Adhoc-I), Kollam, 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 1 lakh, in default, to undergo simple imprisonment for six more months, has come up in appeal.

(2.) THE prosecution case is that, on 05.11.1998 at 12 noon, he was found in possession of a 375 ml. bottle containing coloured arrack. On seeing PW1 Circle Inspector of Excise, Karunagappally and party, the appellant swiftly threw away the bottle containing coloured arrack and attempted to move away. He was intercepted and the bottle containing coloured arrack was seized. On a search of the premises at the place where the appellant was standing, 8 other bottles each containing 375 ml. of IMFL were also seized from among the bushes.

(3.) ON the side of the prosecution, PWs 1 to 5 were examined and Exts.P1 to P6 were marked. MO1 series were identified. No defence evidence was adduced. The court below found the appellant guilty of the offence punishable under Section 55(a) of the Abkari Act, convicted him thereunder and sentenced him as aforesaid.