SARASWATHI Vs. STATE OF KERALA

JUDGEMENT

(1.) THE appellant, who is a lady preferred this appeal against the judgment dated 19/9/2003 in S.C.No.1261 of 2000 of the court of the Additional Sessions Judge (Fast Track -I), Thiruvananthapuram as she is aggrieved by the conviction and sentence imposed on her by the above judgment for the offence under Section 55(a) of the Abkari Act.

(2.) THE prosecution allegation is that, on 02/08/1999 at about 12.30 p.m., the accused was found in possession of 9 litres of arrack in a can, near the property of one Prakash on the Western side of the lane leading to Pathekkar colony and near to the said colony in Attipra Village and thereby the accused has committed the offence punishable under Section 55(a) of the Abkari Act. On the above allegation, Crime No.51 of 1999 was registered in the Thumpa Police Station for the said offence and on completing the investigation, a formal report was filed in the Judicial First Class Magistrate Court -II, Thiruvananthapuram wherein the same was taken on file as C.P.No.87 of 2000 and subsequently by order dated 25/9/2000 the learned Magistrate committed the case to the Sessions Court wherein S.C.No.1261 of 2000 was instituted and subsequently made over to the present trial court for disposal.

(3.) THOUGH the appeal is preferred through Adv.Sri.Blaze.K.Jose, when the case is taken, he is represented by Adv.Smt.Neethu Prem and accordingly I heard her and Sri.N.Suresh, the learned Public Prosecutor.