VIJAYAPPAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS appeal is preferred against the conviction and sentence in S.C. No. 454/2003 of Additional Sessions Judge (Adhoc) Fast Track Court -II, Pathanamthitta for offence under Section 8(1) and 8(2) of the Kerala Abkari Act. The trial court convicted the appellant and sentenced to undergo simple imprisonment for two years and pay a fine of Rupees one lakh and in default of payment, to undergo imprisonment for one more year.

(2.) THE prosecution allegation is that on 27.08.2001 at 5.30 p.m., Appellant and another person were found in the sale of arrack in the property of Rajesh of Kochuthoppil, Thikkapuzha, Parumala muri in Kadapra Village. The Sub Inspector of Police conducting law and order duty received reliable information about the sale and arrived at the place of occurrence, intercepted them and seized the arrack and the vessels. After completing investigation, the Sub Inspector of Police laid charge before court.

(3.) THE learned counsel appearing for the appellant contended that there is delay of one day in producing the seized articles before court, which was also admitted by the trial court. The sentence imposed by the trial court is too harsh. He relied on the decision in Crl. Appeal No. 56/2006 of this Court.