RAJENDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) APPEAL filed under Section 374(2) Cr.P.C. Accused in S.C No.1230/2002 on the file of the IIIrd Additional Sessions Judge, Kollam was convicted for an offence punishable under Section 8(2) of the Abkari Act. He is challenging the conviction and sentence.

(2.) THE prosecution case, in short, is as follows : On 27 -02 -2001 while PW3 and his party were engaged in law and order patrol duty found the appellant at about 11.40 a.m standing by the side of a road with 3.5 litre can in his possession. He had been encircled by certain persons. This sight evoked suspicion in the mind of the detecting officer. On seeing the police party, the persons who were standing close to the appellant ran away. On examination, it was found that the appellant possessed illicit arrack intended to be sold and the sale proceeds were also recovered from the accused. After completing the formalities, the appellant was arrested and produced before the court on the next day.

(3.) HEARD the learned counsel for the appellant and the learned Public Prosecutor.