OMANAKUTTAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in S.C. No. 541 of 2006 on the file of the Additional District and Sessions Judge, (Adhoc) Fast Track Court-I, Pathanamthitta filed this appeal challenging the conviction and sentence imposed on him for the offence punishable under Sec. 8(1) r/w 8 (2) of the Kerala Abkari Act as per the impugned judgment dtd. 23/1/2010.

(2.) The appellant is convicted and sentenced to undergo rigorous imprisonment for 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 six months for the offence under Sec. 8(1) r/w 8(2) of the Kerala Abkari Act.

(3.) The prosecution case is that on 1/2/2005, at about 8 p.m., while the Sub Inspector of Konni Police Station and party were conducting law and order patrol duty, they saw the accused standing on the side of the road at Chavarukavu with a plastic bottle of 2 litre capacity and on examination, it was found that the bottle contained 1.870 litres of arrack and he is thereby alleged to have committed the offence as aforesaid.