SASIDHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) In this appeal preferred from the Central Prison, Thiruvananthapuram, the appellant who was the sole accused in S.C. No. 787/2001 on the file of the Addl. Sessions Judge, Fast Track Court (Adhoc) No. I, Thiruvananthapuram, challenges the conviction entered and the sentence passed against him for an offences punishable under Section 55 (a) of the Abkari Act.

(2.) The case of the prosecution is that on 15-05-1998 at 5 p.m. while the Excise Preventive Officer (P.W.5) attached to the Excise Office, Kazhakuttom was proceeding on patrol duty along the Panachamoodu-Murukkumpuzhakadavu road they came across the accused carrying a black plastic can having a capacity of 2 = litres containing two litres of illicit arrack and that the accused has thereby committed offences punishable under Sections 8(1) and 58 of the Abkari Act.

(3.) On the accused pleading not guilty to the charge framed against him by the court below for an offence punishable under Section 55(a) of the Abkari Act, the prosecution was permitted to adduce evidence in support of its case. The prosecution altogether examined 6 witnesses as P.Ws 1 to 6 and got marked 5 documents as Exts. P1 to 5 and one material objects as Mo 1.