VASUDEVAN CHITHIRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) In this appeal preferred from the Central Prison, Thiruvananthapuram, the appellant who was the sole accused in S.C.No.388/2004 on the file of the Addl. Sessions Court (Fast Track Court No.I), Thiruvananthapuram challenges the conviction entered and the sentence passed against him by that court for an offence punishable under sec.55(a) of the Abkari Act.

(2.) The case of the prosecution is that on 21.2.2002 at about 10 a.m. on the public road leading to Adayamon from Kilimanoor in Pazhayakunnummel village, the accused was found in possession of 10 litres of illicit arrack in a black jerry can having a capacity of 10 litres. Since the said possession was in contravention of the provisions of the Abkari Act, the accused has, thereby, committed an offence punishable under sec.55(a) of the Abkari Act.

(3.) On the accused pleading not guilty to the charge framed against him by the court below for the aforementioned offence, the prosecution was permitted to adduce evidence in support of its case. The prosecution altogether examined 5 witnesses as PWs.1 to 5 and got marked 5 documents as Exts.P1 to P5 and 1 material object as M.O.1.