SHAJI PRABHAKARAN 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.945/2000 on the file of the Addl. Sessions Court for Trial of Abkari Act Cases, Neyyattinkara, challenges the conviction entered and the sentence passed against him by the said court for offences punishable under sec.55(a) and 55(i) of the Abkari Act.

(2.) The case of the prosecution is that on 18.7.1998 at 10.15 a.m. the accused was found in possession of 4 litres of illicit arrack in a jerry can (having a capacity of 5 litres) and a glass tumbler (having a capacity of 150 ml.) intended for clandestine sale and the accused has, thereby, committed offences punishable under sec. of the Abkari Act.S.55(a) and S.55(i)

(3.) On the accused pleading not guilty to the charge framed against him by the court below for the aforementioned offences, the prosecution was permitted to adduce evidence in support of its case. The prosecution altogether examined 4 witnesses as PWs.1 to 4 and got marked 5 documents as Exts.P1 to P5 and 2 material objects as M.Os.1 and 2.