S.JAYAPALAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an appeal filed by the accused Nos. 1 and 2 in S.C.No.203/2006 on the file of Additional Sessions Court, (Adhoc-I), Palakkad (for short "the court below') against the judgment dtd. 26/09/2008 convicting and sentencing them under Sec. 55(a) of the Abkari Act.

(2.) The prosecution case, in short, is that on 19/01/2002 at about 4.20 hours, the accused Nos. 1 and 2 were found in possession and transportation of 7000 litres of spirit in 200 cans in the lorry bearing Registration No. TN 45 J 2273 at the National Highway of Kannannur Junction in violation of the provisions of the Kerala Abkari Act and Rules and thereby committed the offence.

(3.) The accused Nos. 1 and 2 appeared at the court below, and charge under Sec. 55 (a) of the Abkari Act was framed against them. They pleaded not guilty. On the side of the prosecution, PWs 1 to 3 were examined and Exts. P1 to P11 were marked. MO 1 to MO 4 were identified. After trial, the court below found the accused Nos. 1 and 2 guilty for the offence punishable under Sec. 55 (a) of the Abkari Act, and they were convicted for the said offence. They were sentenced to undergo rigorous imprisonment for five years each and to pay a fine of Rs.2,00,000.00 (Rupees Two Lakhs only) in default to suffer rigorous imprisonment for two years as per the impugned judgment. The said conviction and sentence are under challenge in this appeal.