DENNIS Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused who stands convicted for offence punishable under Section 8(1)(2) of the Abkari Act is the appellant herein.

(2.) The allegation of the prosecution is that on 05.07.2007, while the Excise Inspector, Udumpanchola was on patrol duty, they came across the accused carrying a 5 litre can. He was intercepted and inspection revealed that the can contained illicit arrack. After drawing samples, the process of labelling and sealing were done. Thereafter, the accused was produced before the magistrate and investigation followed. At the end of investigation, final report was laid. The accused faced trial before the learned Sessions Judge. On the side of the prosecution, PWs.1 to 4 were examined and Exts.P1 to P9 were marked. MO1 was identified. The court below on an evaluation of the available inputs found the accused guilty, convicted and sentenced him to undergo rigorous imprisonment for one year and to pay a fine of Rs.1,00,000/- and in default, to undergo rigorous imprisonment for three months. This is challenged by the accused in this appeal.

(3.) Heard both sides and examined the records.