NIRMALAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant was tried and convicted by the learned Additional Sessions Judge for offences punishable under sections 55(a) and (i) of Abkari Act.

(2.) It is alleged that on 29.04.1998 at 9.30 pm the appellant was found in possession of about 1.5 litres of illicit arrack in 15 covers, each containing 100 ml. He was selling the same from the coconut garden belonging to one Sudhakaran. P.W. 5 and party detected the offence. After completing all the formalities, the accused was arrested.

(3.) The lower court examined five witnesses on the side of the prosecution and marked four documents. M.O. 1 is the plastic cover, wherein P.W. 5 alleged that he put the cover containing illicit arrack.