SUNDARAN, S/O.REMANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellant is the accused in SC No.117/2002 of the Additional Sessions Court -III, Thiruvananthapuram, who stands convicted under Section 8(2) of the Abkari Act and sentenced to undergo rigorous imprisonment for two years and to pay a fine of 1 lakh, in default to undergo simple imprisonment for six months.

(2.) The prosecution case is that on 06.06.1998 at 2 p.m., the accused was found coming with 10 litres of arrack in a jerry can through the bund at the south eastern corner of a pond at Pinkulam in Karode village.

(3.) The offence was detected by PW1 Excise Inspector, Thirupuram Excise Range. He seized the contraband through Ext.P1 mahazar and placed the accused under arrest through Ext.P2 arrest memo. He registered Ext.P4 crime and occurrence report. PW5 conducted the investigation on 27.10.2000 and filed the complaint on getting certificate of chemical analysis.