KANAKUNHAPPAN Vs. STATE OF KERALA

JUDGEMENT

(1.) CONVICTION and sentence awarded by the learned Sessions Judge under Section 55(g) of the Abkari Act is challenged by the appellant in this appeal. Prosecution case, in short, is that on 19 -09 -1997 at 9.00 a.m., the appellant was found in possession of 25 litres of wash in an aluminium vessel kept in a cemetery. He was stirring the contents in the vessel at the time of detection. The Excise Officers and party on a tip -off went to the place of illicit distillation done by the appellant and apprehended him for violation of law.

(2.) COURT below examined three witnesses on the side of prosecution and marked five documents. MO1 is the aluminium vessel used for keeping wash. There was no defence evidence.

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