PANKAJAKSHAN, S/O KUNJUKUNJU Vs. STATE OF KERALA

JUDGEMENT

(1.) Appeal filed under Section 374(2) Cr.P.C. Appellant was convicted by the trial court for an offence punishable under Section 55 (g) of the Abkari Act by the learned Additional Sessions Judge (Adhoc I), Alappuzha in S.C No.564/2003. Prosecution case shortly stated is that on 18-03-2000 at about 8.00 p.m, PW1 conducted a raid in the house of the appellant and found out 25 litres of wash kept in his house for the purpose of illicit distillation of arrack. The accused was arrested and the contraband was seized. After preparing the material documents, he was taken to the Excise Office and later to the court. On the close of investigation, a final report was filed. The learned Magistrate on finding that the offence is exclusively triable by a Court of Sessions, it was committed to the Court of Sessions, Alappuzha. It was made over to the learned Additional Sessions Judge and he tried the case. Five witnesses were examined on the side of the prosecution and eight documents marked. MO1 is the material object.

(2.) Heard the learned counsel for the appellant/accused and the learned Public Prosecutor.

(3.) Learned counsel for the appellant submitted that there is no reliable evidence adduced by the prosecution to find that the house, from where the alleged detection of offence was made, belonged to the accused. Learned Public Prosecutor would contend that there cannot be any doubt regarding the identity of the house and it belonged to the appellant.