P.A.MUHAMMED Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 28.2.2005 in S.C.No.425 of 2004 of the court of Additional Sessions Judge (ADHOC -I), Kasaragod by which the learned Sessions Judge convicted the appellant and sentenced him for the offence under Section 55(a) of the Abkari Act.

(2.) THE prosecution allegation is that on 19.10.2002 at about 19.10 hrs., the accused was found in possession of 300 packets, each containing 100 ml. of arrack manufactured in the State of Karnataka, at the road Junction at Pallikkara madom, Pallikkara Village in contravention of the provisions of the Abkari Act and the rules and further, he imported the arrack from the State of Karnataka to the State of Kerala illegally. Thus, according to the prosecution, the accused has committed the offence punishable under Section 55(a) of the Abkari Act.

(3.) I have heard Sri.C.K.Sreejith, the learned counsel for the appellant and Sri.N.Suresh, the learned Public Prosecutor for the State.