PARAVAN Vs. STATE OF KERALA

JUDGEMENT

(1.) In this appeal preferred from the Central Prison, Kannur the appellant, namely, Paravan who was the sole accused in S.C. No. 110/2004 on the file of the Addl. Sessions Court (Fast Track No. I), Manjeri challenges the conviction entered and the sentence passed against him for an offence punishable under Section 55(g) of the Abkari Act.

(2.) The case of the prosecution is that on 30-08-2002 at about 8.25 a.m. the accused was found in possession of 20 litres of wash kept in two plastic pots, each of 10 litres capacity, and utensils for the purpose of manufacturing illicit arrack and two empty bottles having the smell of arrack, at Vettilappara within the limits of the Manjeri Excise Range. The accused has, thereby, committed an offence punishable under Section 55(g) of the Abkari Act.

(3.) On the accused pleading not guilty to the charge framed against him by the court below for offences punishable under Section 8(1) and 8(2) read with Section 55(g) of the Abkari Act, the prosecution was permitted to adduce evidence in support of its case. The prosecution altogether examined 7 witnesses as PWs. 1 to 7 and got marked 11 documents as Exts.P1 to P11 and 5 material objects consisting of two plastic jars, two empty bottles and one aluminium pot with a hole, marked as M.O.1 series.