SAJEEV S/O.SUKUMARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) In this appeal filed under Sec. 374(2) Cr.P.C., the appellant who is the accused in SC.No.398 of 2010 on the file of the Court of Session, Kollam, 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 21/11/2000 at 06:30 a.m., the accused was found in possession of 1.5 litres of arrack in a 2.5 litres plastic can near Chavarucavu temple situated by the side of Meyyannoor Cheriyil Panchayat road. Hence, the accused as per the final report was alleged to have committed the offence punishable under Sec. 8(2) of the Act.

(3.) Crime no.74/2010, Chathannoor Excise Range, that is, Ext.P2 crime and occurrence report, was registered by PW1, the detecting officer. PW3, Excise Inspector, Excise Range Chathannoor, conducted the investigation and on completion of the investigation, submitted the final report alleging the commission of the offence punishable under the aforementioned sec. .