KUMARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused was prosecuted for the offence punishable under Section 55(a) of the Abkari Act and was found guilty. He was convicted and sentenced to suffer simple imprisonment for a period of one year and to pay fine of 1 lakh, in default of payment of which he is to suffer simple imprisonment for a period of three months.

(2.) The incident in this case is said to have occurred on 13.05.2000 late in the night. PW6 was the SI of Thirunelli Police Station. He along with PWs 1 and 5 had gone on routine patrol duty and when they reached the place called Kalkkuni, they happened to locate a person by name Prakashan with packets of arrack of Karnataka make and he was arrested. On questioning him, it was revealed that he had obtained the contraband articles from the accused.

(3.) It is not clear from the records that as to who had conducted the investigation, at any rate, it does not appear that investigating officer has been examined in this case.