RAJAN Vs. THE STATE OF KERALA

JUDGEMENT

(1.) In this appeal preferred from the Central Prison, Thiruvananthapuram, the appellant, who was the accused in Sessions Case No. 615/2001 on the file of the Additional Sessions Court (Fast Track-I), Thiruvananthapuram, challenges the conviction entered and sentence passed against him by that Court for an offence punishable under Section 55(a) of the Abkari Act.

(2.) The case of the prosecution is that on 1.5.2000 at about 7.30 p.m on the Oorupoika-Muttukonam road in front of Bhagavathy Temple in Edakkode village the accused was found transporting 5.200 litres of illicit arrack in 52 green plastic covers each containing 100 ml and the accused had thereby committed an offence punishable under Section 8(2) 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 examined three witnesses as Pws 1 to 3 and got marked five documents as Exts. P1 to P5 and two material objects as Mos 1 and 2 series.