DAMODARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the accused in S.C. No. 655 of 2003 of the Additional District and Sessions Judge, Fast Track (Adhoc), Mavelikkara and he is challenging the conviction and sentence imposed on him for the offences punishable under Ss. 8(1) and (2) and 55(a) of the Kerala Abkari Act.

(2.) The prosecution case is that on 19/9/2000, at about 5 p.m., when PW1, Excise Circle Inspector, and party were walking through Kurisumoodu- Pattor road at Edappon in Mavelikkara and when they reached in front of the house of Cheruvayyathu Janardhanan, they saw the accused entering the said road with a bottle in his right hand and on seeing the excise party, the accused attempted to return. But, he was detained and on examination, MO1, bottle containing about 1 litre of arrack, and MO2, glass, was recovered from his possession and it is alleged that the accused had possessed the arrack for the purpose of sale.

(3.) The appellant pleaded not guilty to the charge framed against him by the trial court under Ss. 8(1) and (2) and 55(a) of the Kerala Abkari Act. Thereafter, the prosecution examined PWs 1 to 5 and marked Exhibits P1 to P8 and MOs 1 and 2 to prove the charge against the accused.