SUDHAKARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is filed by the accused in S.C.No.399/2002 on the file of the Additional District and Sessions Court, Fast Track (Adhoc), Mavelikara (for short 'the court below) against the judgment of conviction and sentence under Ss. 8(1), (2) and 55(a) of the Abkari Act.

(2.) The prosecution case in short is that on 23/04/2001 at 12.40 pm, the accused was found in possession of 600 ml of illicit arrack in a 5 litre capacity plastic cannas 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 P10 were marked. MO1 was identified. The court below after trial found the accused guilty for the offences punishable under Ss. 8(1), (2) and 55(a) of the Abkari Act and convicted and sentenced him to undergo rigorous imprisonment for 3 years and to pay a fine of ?1,00,000/-, in default to suffer rigorous imprisonment for a further period of one year. Challenging the said judgment, the accused has filed this appeal.