MAHESH M. K. Vs. STATE

JUDGEMENT

(1.) Appeal by the accused. He was convicted under S.55(a) of the Abkari Act. He was sentenced to rigorous imprisonment for one year and a fine of Rs.1,00,000.00. He shall undergo rigorous imprisonment for one month if fine is defaulted.

(2.) The prosecution case is this: The accused possessed 2 1/2 litres of arrack. He carried arrack in a bottle of 1 1/2 litres capacity and in another bottle of the capacity of one litre. The Sub Inspector of Payangadi Police Station detected the offence. He was on patrol duty at that time. He found the accused holding a bag. The bag contained the bottles containing arrack. The detection of the offence was at 3.30 p.m on 26/04/1999.

(3.) PWs 1 to 6 were examined on prosecution side. Exts. P1 to P5 and MOs 1 to 3 were marked. Ext. D1 was marked on the defence side.