RAMESAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal has been preferred by the accused in S.C.No.551/2001 on the files of the Additional Sessions Court for the trial of Abkari Cases, Neyyattinkara (for short the court below), challenging the judgment dtd. 30/5/2007 convicting and sentencing him under Sec. 58 of the Abkari Act.

(2.) The prosecution case in short is that on 12/1/1999, the appellant was found in possession of 7 litres of arrack in a 10 litre black jerrycan 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. Exts. D1 to D4 were marked on the side of the defence. No one was examined on the side of the defence. MO1 material object was identified. The court below after trial found the accused guilty for the offence punishable under Sec. 58 of the Abkari Act and convicted and sentenced him to undergo rigorous imprisonment for 2 years and to pay a fine of ?1,00,000/-, in default to suffer rigorous imprisonment for a further period of 3 months. Challenging the said judgment, the accused has filed this appeal.