REGHUNATHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal arises from the judgment, conviction and sentence in S.C.No.666 of 2001 of the Additional Sessions Court, Kottarakkara.

(2.) The case of the prosecution is that on 20.12.1999 at about 11.30a.m., the accused was found in possession of 4 liters of arrack contained in a jar, having a capacity of 5 litres. He was intercepted by CW1, Excise Inspector of the Excise Circle Office, Kottarakkara and CW2, Preventive Officer attached to the same office. After tasting, it was confirmed that the content was arrack. After the initial formalities, he was arrested and produced before the magistrate. On completion of the investigation, a final report was laid and accused faced trial before the court of Sessions.

(3.) Before the court below, prosecution examined PWs.1 to 5 and Exts.P1 to P6 were marked. MOs.1 and 2 were identified. There was no defence evidence. The court below on an evaluation of the available materials found the accused guilty, convicted and sentenced him to undergo rigorous imprisonment for two years, to pay a fine of Rs.1,00,000/- and in default, to undergo rigorous imprisonment for three more months for the offences punishable under Sections 8(1) and 8(2) of the Abkari Act.