TIPPU MOHAMMED Vs. STATE OF KERALA

JUDGEMENT

(1.) By challenging the conviction imposed by the trial court under Section 55(a) of the Abkari Act (in short, "the Act"), the accused has come up in this appeal.

(2.) Facts, in nut-shell, are as follows: On 13.09.1999 at about 16.30 hours, the appellant was found in possession of 48 bottles of Indian Made Foreign Liquor (in short, "IMFL") at Kunjathur, a border village in Kasaragod District, with inscriptions 'For sale in Karnataka' on the labels fixed on the bottles. Prosecution, therefore, alleged that the appellant is guilty of the aforesaid offence.

(3.) The trial court examined three witnesses and marked seven documents on the side of prosecution. MO1 series are the 45 bottles of whisky allegedly recovered from the appellant. There was no defence evidence.