SUKESH Vs. STATE OF KERALA

JUDGEMENT

(1.) In this appeal filed under Sec. 374(2) Cr.P.C., the appellant who is the accused in S.C.No.1070/2012 on the file of the Court of Session, Kasaragod challenges the conviction entered and sentence passed against him for the offence punishable under Sec. 8(2) of the Abkari Act, 1 of 1077 (the Act).

(2.) The prosecution case is that on 27/12/2011 at about 06:45 p.m. the accused was found in possession of 15 bottles of 'John Bull Whisky' manufactured in Karnataka with each bottle having a capacity of 180ml. The accused was also found in possession of 21 plastic bottles of 'Honey Guide Brandy', each bottle having a capacity of 90ml each, which liquor was manufactured in Goa. The accused was found in possession of the aforesaid quantity of Indian made foreign liquor for sale. The place of occurrence is the courtyard of his house bearing no.XIII/232(VI/331) of Delampady Grama Panchayath, Ponoram, Adhur village. Hence, the accused as per the final report/charge sheet was alleged to have committed the offence punishable under Sec. 55(a) of the Act.

(3.) Crime no.477/2011, Adhur police station, that is, Ext.P4 FIR was registered by PW1, the Sub Inspector of Police, Adhur police station, the detecting officer in this case. PW1 had conducted the initial investigation. Thereafter, the investigation was taken over by CW9 who completed the investigation and submitted the final report/charge sheet before the jurisdictional magistrate alleging the commission of the offence punishable under the aforementioned Sec. by the accused.