MALAKKARI Vs. STATE OF KERALA

JUDGEMENT

(1.) In this appeal preferred from the Central Prison, Kannur, the appellant, who was the accused in the Sessions Case No. 350/2003 on the file of the Additional Sessions Court (Adhoc-I), Kalpetta for an offence punishable under S.55(a) of the Abkari Act challenges the conviction entered and the sentence passed against him by the said Court for the aforesaid offence.

(2.) The case of the prosecution is that at about 5.50 p.m. on 06/07/2002 the accused was found transporting 3.500 litres of Karnataka arrack in 35 packets, each packet containing 100 ml., in a KSRTC bus proceeding to Edakot from Bavali and that the accused has thereby committed an offence punishable under S.55(a) of the Abkari Act.

(3.) On the appellant pleading not guilty to the charge framed against him by the Court below for the aforementioned offence, the prosecution was permitted to adduce evidence in support of its case. The prosecution altogether examined eight witnesses as PWs 1 to 8 and got marked ten documents as Exts. P1 to P10 and three material objects as MO 1 series, MO 2 series and MO 3.