CHANDRA BABU Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is preferred by the accused against the conviction and sentence in S.C. No. 1009/2002 of Additional District and Sessions Judge, Fast Track (Adhoc) No. II, Thiruvananthapuram u/s. 55(a) of the Abkari Act. The charge against the appellant is that on 23.7.2000 at 3.45 p.m., the appellant was found in possession of 4 1/2 litres of arrack at Mavarthalakonam by the Assistant Sub Inspector of Police, Medical College Police Station. He was arrested and the contraband articles were seized, after preparing a mahazar, reaching at the Police Station, he registered a crime. After completing investigation, Sub Inspector of Police, Medical College laid charge before additional Chief Judicial Magistrate, Thiruvananthapuram. Subsequently, it was committed to Sessions Court, Thiruvananthapupram from there it was made over to Additional Sessions Court, Fast Track Court -II.

(2.) During trial, prosecution examined five witnesses and marked Exts. P1 to P7. MO1 to MO3 were admitted as material objects. The incriminating circumstances brought out in evidence were denied by the accused while questioning him. He examined DW 1. The learned Additional Sessions Judge convicted him and sentenced to imprisonment for 1 1/2 years and fine of Rs. 1 lakh, in default simple imprisonment for three months. Being aggrieved by that, the accused preferred this appeal.

(3.) There was no representation for the appellant, this Court issued notice to the appellant through C.I. of Police, Medical College Police Station to ensure the presence of the appellant before this Court. There was no response from him. Adv. M.N. Mathew, the legal aid counsel represented for the appellant. I heard both sides.