BALAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused, who stands convicted in Session Case No.378/2003 of the Additional District and Sessions Court, Fast Track (Adhoc - I), Kozhikode for offences punishable under Section 55(a) of the Abkari Act, is the appellant herein.

(2.) The allegation of the prosecution is that on 12/11/2000, the Preventive Officer of Perambra Excise Circle Office, on getting secret information about the sale of arrack at the place of incident, proceeded to that place at about 6.25 p.m., along with his party. There, they came across the accused, who was standing on the road side, carrying a five liter can. He was intercepted and found that the Can contained one liter of arrack. After the initial formalities of sampling, preparation of mahazar, sealing and labeling, he was arrested. Thereafter, he was taken to the Excise Range office and the crime was registered. Investigation was completed by the Excise Inspector, Perambra who laid charge against the accused. Thereafter, the accused faced trial before the Sessions Court. To establish the case of the prosecution, PWs 1 to 6 were examined and Exhibits P1 to P9 were marked. MO-1 was identified. The court below, on an appreciation of the evidence, found the accused guilty, convicted and sentenced to undergo two years rigorous imprisonment and to pay a fine of Rs. 1,00,000/- and in default to undergo simple imprisonment for six months.

(3.) Aggrieved by the above conviction and sentence, the accused has preferred this appeal. Heard the learned counsel for the appellant and the learned Public Prosecutor.