PRABHU PRAKASH Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellants are accused Nos. 1 and 2 in S.C. No. 704 of 2007 on the file of the Additional District and Sessions Judge, (Adhoc-III), Kasaragod and they are challenging the conviction and sentence imposed on them for the offence under Sec. 8(2) of the Abkari Act.

(2.) The prosecution case is that on 2/10/2006, at about 8.15 p.m., when the Sub Inspector of Kumbla Police Station and party inspected the autorickshaw driven by the first accused along with the second accused as passenger at Mukkarikandam, it is found that the autorickshaw contained 3000 packets of arrack containing 100 ml. each in 6 plastic sacks and the accused are thereby alleged to have committed the offence punishable under Sec. 8(2) of the Abkari Act.

(3.) The trial court, after framing charge, examined PWs 1 to 6 and marked Exhibits P1 to P8 from the side of the prosecution and no evidence adduced from the side of the defence.