GOPALAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE instant revision petition is directed against the conviction and sentence passed against the petitioner for offence punishable u/s. 55(a) of the Abkari Act (for brevity "the Act"). He was sentenced to undergo simple imprisonment for two months and to pay a fine of Rs. 25,000/ - and in default, simple imprisonment for two months.

(2.) THE case of the prosecution is that on 20.11.1995, information was received that the petitioner was conducting sale of arrack without licence. PW1, the Sub Inspector of police along with his party proceeded to Samskarika Nilayam at Melady. They found the petitioner engaged in the sale of arrack with about 35 bottles of arrack together with empty bottles and glasses. Petitioner was arrested and the contraband articles were seized. Ext. P2 mahazar was prepared and crime was registered. On the next day, the seized articles and the accused were handed over to the excise. The investigation was conducted by PW4, the Excise Inspector, Quilandy who laid charge before Court.

(3.) I have heard the learned counsel appearing for the petitioner as well as the learned Public Prosecutor.