KARIYADAN VENU Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused in S.C. No.848/2012 on the files of the Additional Sessions Court-II, Thalassery, has come up in appeal challenging the conviction and sentence imposed by the Sessions Judge as per the judgment dtd. 30/1/2014. The State of Kerala, represented by the Public Prosecutor is arrayed as the sole respondent herein.

(2.) Heard the learned counsel for the appellant as well as the learned Public Prosecutor, in detail. Perused the verdict under challenge and the records of the trial court.

(3.) In a nutshell, the prosecution case is that, at about 11.10 a.m. on 8/11/2011, the accused possessed 4.875 litres of Indian Made Foreign Liquor ('IMFL' for short hereafter) without the security label of the Kerala State Beverages Corporation near the bus waiting shelter in Kuthuparamba, against the prohibitions contained in the Kerala Abkari Act and thereby committed the offence punishable under Sec. 55(a) of the Kerala Abkari Act. The case was detected by the Excise Inspector, Excise Circle Office, Kuthuparamba and after investigation, Final Report filed alleging the said offence.