JAYAKUMAR @ KOLUSU JAYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in SC No. 1007 of 2001 on the file of the Additional District and Sessions Court (Ad hoc I), Kollam is the appellant. He faced trial for the offence punishable under S.55(a) of the Abkari Act.

(2.) The prosecution case against the appellant accused was that on 24/06/1999 at about 7.40 p.m., the accused was found in possession of arrack in five plastic covers of 100 ml. each at Gopikada junction, Minnathu cheri, Sakthikulangara village for the purpose of sale. To prove the case against the appellant, the prosecution examined PWs 1 to 4 and produced Exts. P1 to P6 as well as MOs I to III. No oral or documentary evidence was adduced on the side of the defence. On closing the prosecution evidence, the accused was questioned under S.313 CrPC. He denied the prosecution allegations. The Trial Court, relying on the prosecution evidence, found the appellant guilty under S.55(a) of the Abkari Act, convicted him thereunder and sentenced him to undergo rigorous imprisonment for a term of two years and to pay a fine of Rs.1,00,000/- and in default of payment of fine, to undergo simple imprisonment for a further period of one year. Set off was also allowed under S.428 CrPC. The above conviction and sentence are challenged in this appeal.

(3.) This Court heard the learned counsel appearing for the appellant as well as the learned Public Prosecutor.