V.P. VILASKUMAR Vs. THE STATE OF KERALA

JUDGEMENT

(1.) IN this appeal preferred from the Central Prison, Kannur, the appellant who was the sole accused in S.C. 5/02 on the file of the Addl. Sessions Judge (Adhoc) II, Kalpetta, challenges the conviction entered and the sentence passed against him for an offence punishable under Section 55(a) of the Abkari Act.

(2.) THE case of the prosecution is that on 12 -6 -2000 at about 4.15 p.m. at a place called Naikupa the accused was found transporting 30 packets each of 100 ml. of Karnataka arrack in a private bus bearing Reg. No. KL W -2333, and that the accused has thereby committed offences punishable under Sections 8(1) and (2) and Section 55(a) of the Abkari Act.

(3.) AFTER the close of the prosecution evidence, the accused was questioned under Section 313(1)(b) Cr.P.C. with regard to the incriminating circumstances appearing against him in the evidence for the prosecution. He denied those circumstances and maintained his innocence.