JOSE ALIAS BABU Vs. STATE OF KERALA

JUDGEMENT

(1.) In this appeal preferred from the Central Prison, Kannur, the appellant who was the sole accused in S.C. 15/01 on the file of the Addl. Sessions Judge (Adhoc I), Kalpetta, challenges the conviction entered and the sentence passed against him for an offence punishable under Section 55 (a) of the Abkari Act.

(2.) The case of the prosecution is that on 3-5-1999 at 7.10 p.m. the accused was found in possession of 17 packets each containing 100 ml. of Karnataka made arrack at Thazhekattikulam in Thrissileri amsom inside a stage carriage bus bearing registration No. KLZ -8285 by name N.B.S. plying between Bavali and Mananthavady and the accused has thereby committed an offence punishable under Section 55(a) 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 altogether examined 9 witnesses as P.Ws 1 to 9 and got marked 8 documents as Exts. P1 to P8 2 material objects marked as MO1 and MO2 series.