BABU ALIAS STRONG Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant who was the sole accused in S.C.No.882/2004 on the file of the Addl. Sessions Court (Fast Track No.I), Thiruvananthapuram, challenges the conviction entered and the sentence passed against him for an offence punishable under sec.55(a) read with sec.8(1) and 8(2) of the Abkari Act.

(2.) The case of the prosecution is that on 3.1.1998 at about 4 p.m. the accused was found in possession of 10 litres of illicit arrack in a black jerry can having a capacity of 10 litres on the Panchayath pathway leading to Mundonikkara near the Kallara Saravana cinema theatre within the limits of the Vamanapuram Excise Range and that the accused has thereby committed an offence punishable under secs.58 read with sec.8(1) and 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 sec.55(a) read with sec.8(1) and 8(2) of the Abkari Act, the prosecution was permitted to adduce evidence in support of its case. The prosecution altogether examined three witnesses as PWs.1 to 3 and got marked six documents as Exts.P1 to P6 and one material object as M.O.1.