LAWS(KER)-2023-5-166

RAVEENDRAN Vs. STATE OF KERALA

Decided On May 24, 2023
RAVEENDRAN Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) This Criminal Appeal is filed against the conviction and sentence imposed on the appellant as per the judgment dtd. 29/9/2006 in SC No. 384/2002 on the file of the Addl. Sessions Judge (Abkari) Kottarakkara. The above case is chargesheeted against the appellant alleging offences punishable under Secs. 55(a) and (i) of the Abkari Act.

(2.) The prosecution case in brief is as follows : On 24/9/1999 at 6 p.m., the accused was found in possession and engaged in the sale of 2 litres of arrack in a 5 litre black jerry can with a drinking glass by standing beneath the pepper wine in the rubber plantation owned by Salim at Chempraman which was detected by CW5, the Sub Inspector of Police, Pathanapuram and his party. CW5 has seized the contraband articles, arrested the accused, registered Crime No. 307/1999 of Pathanapuram Police Station, conducted the investigation and laid the charge.

(3.) To substantiate the case, the prosecution examined PW1 to PW3. Exhibits P1 to P5 are the exhibits. MO1 and MO2 are the material objects. After going through the evidence and documents, the trial court found that the accused committed the offences under Sec.55(a) of the Abkari Act. He was acquitted under Sec.55(i) of the Abkari Act. He was sentenced to undergo simple imprisonment of one year and to pay a fine of Rs.1,00,000.00 (One Lakh only). In default of payment of fine, the accused is directed to undergo simple imprisonment for three more months. Aggrieved by the conviction and sentence, this Criminal Appeal is filed.