BALAKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused in S. C. No. 1273/2003 on the file of the Addl. Sessions Court (Abkari), Kottarakkara, challenges the conviction entered and the sentence passed against the appellant for offences punishable under S.55(a) and 55(i) of the Abkari Act, read with S.8(1) and 8(2) of the said Act.

(2.) The case of the prosecution is that on 29.10.2001 at 5.25 p.m. the accused was found in possession of 10 litres of illicit arrack in a jerry can and was also carrying a glass tumbler indicating that the illicit arrack was meant for sale. The accused has, therefore, committed offences punishable under S.55(a) and 55(i) of the Abkari Act.

(3.) On the accused pleading not guilty to the charge framed against him by the court below for the aforementioned offences, 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 4 documents as Exts. P1 to P4 and 3 material objects as MOs 1 to 3.