G.CHANIYA Vs. STATE OF KERALA

JUDGEMENT

(1.) APPEAL filed under Section 374 of the Code of Criminal Procedure.

(2.) APPELLANT challenges conviction and sentence under Section 55(a) of the Abkari Act (for short, " Act"). Prosecution case, shortly stated, is that on 13.03.2000 at 4.30 p.m., the appellant was found in possession of 40 bottles of Indian Made Foreign Liquor (IMFL), each bottle having a volume of 180 ml.. The liquor was searched out from his compound. In order to establish the prosecution case, four witnesses were examined and Exts.P1 to P6 marked. MOs 1 to 3 are the material objects.

(3.) PW 1 is a witness to Ext.P1 seizure mahazar. He showed a volte -face to the prosecution case and failed to support the search and recovery of contraband from the property of the appellant. PW2 is a witness to Ext.P2 scene mahazar. He partly supported the prosecution case. However, evidence of PW2 may not render help to the prosecution in establishing the guilt of the appellant. PW3 is the Village Officer, who issued Ext.P3 possession certificate. As per Ext.P3, the house in R.S.No.595/2C of Neerchal Village was in the possession of the appellant at the material time.