BHASKARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in S.C. No. 313 of 2006 on the file of the Additional Sessions Judge, Adhoc-I, Manjeri filed this appeal challenging the conviction and sentence imposed on him for the offence punishable under Sec. 8(2) of the kerala Abkari Act.

(2.) As per the impugned judgment, the accused is sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.1,00,000.00 and in default of payment of fine, to undergo rigorous imprisonment for a period of six months for the offence under Sec. 8(2) of the Kerala Abkari Act.

(3.) The prosecution case is that the accused was found in possession of 8 litres of arrack in a 10 litre can on 24/6/2004 at about 9 p.m. on the pathway near the house of Eyyakunnumel Chathan at Valavattur by the Excise Preventive Officer and party. After investigation, final report was filed before Judicial First Class Magistrate Malappuram and the same was taken on file as C.P No. 75 of 2005. After committal and appearance of the accused before the trial court, charge was framed and when the accused pleaded not guilty to the charge, the prosecution examined PWs 1 to 7 and marked Exhibits P1 to P8 and MOs 1 and 2. No evidence was adduced from the side of the accused. After trial and hearing both sides, the trial court found the accused guilty of the offence under Sec. 8(2) of the Kerala Abkari Act and imposed the sentence as aforesaid.