PULLACHERI RAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant, a prisoner in custody, has preferred this appeal against the verdict of guilty, conviction and sentence imposed on him under S.8(1) and 55 (a) of the Kerala Abkari Act. He stands sentenced to undergo R. I. for a period of 3 years and to pay a fine of Rs. 1 Lakh and in default to undergo S.I. for a further period of one year.

(2.) The charge against the appellant/accused is that on 06/10/1997 at about 8 p.m. he was found to be in possession of 1.5 litres of arrack when the Excise party led by PW 1 saw him in the light provided by the Head light of their jeep. It is the further case of the prosecution that when the accused was apprehended, a large number of local persons assembled and took away the appellant/accused from the custody of PW 1, who had effected the arrest.

(3.) Cognizance was taken on the basis of the final report submitted by PW 4. The accused denied the offences alleged against him and thereupon the prosecution examined PWs 1 to 4 and proved Exts. P1 to P5.