KUNJANANDAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused who stands convicted in crime No.518/2004 of Kuthuparamba Police Station, for offences punishable under Section 55 (a) of the Abkari Act and Rule 9 of Foreign Liquor Rules is the appellant herein.

(2.) The prosecution alleged that on 31/8/2004 at about 4.45 p.m., PW1 got secret information about the sale of Indian made foreign liquor (IMFL) by the accused, in contravention of the provisions of the Abkari Act. He reached the spot, intercepted the accused and recovered 16 bottles of IMFL each containing 180 ml.each. After the initial formalities, he was arrested and produced before the Magistrate Court. PW1 completed the investigation and laid the final charge before the Court.

(3.) The accused faced the trial before the Sessions Court, Thalassery, in SC No.948/2005. The prosecution examined PW1 to PW5 and marked Exts.P1 to P8. MO1 and MO2 were identified. The court below, on an evaluation of the materials, found the accused guilty, convicted and sentenced him to undergo rigorous imprisonment for one year and to pay a fine of Rupees One Lakh and in default, to undergo rigorous imprisonment for one year more.