RAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal has been preferred by the appellant/accused in S.C.No.354/2006 on the files of the Additional Sessions Judge Fast TracK Court No.II, Palakkad (for short the court below), challenging the judgment dtd. 30/1/2008 convicting and sentencing him under Ss. 8(1) and (2) of the Abkari Act.

(2.) The prosecution case in short is that on 11/10/2000 at 6.00 pm, the accused was found possessing and transporting 2 litres of arrack in a 5 litre black colour cannas through the road in front of house bearing Door No.PP VIII/237 at 4 cent colony, Mala Kakkattiri Desom, Pattithara Village of Ottapalam Taluk in contravention of the Abkari Act and Rules and thereby committed the offence.

(3.) To prove the case of the prosecution, PW1 to PW5 were examined and Exts. P1 to P9 were marked. MO1 was identified. No defence evidence was adduced. The court below after trial found the accused guilty for the offences punishable under Ss. 8(1) and (2) of the Abkari Act and convicted and sentenced him to undergo simple imprisonment for a period of one year and to pay a fine of ?1,00,000/-, in default to suffer simple imprisonment for a further period three months. Challenging the said conviction and sentence, the accused has filed this appeal.