RAMACHANDRAN, @ ICE Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is filed against the judgment in S.C. No. 988 of 2002 on the file of the III Additional Sessions Court, Kollam. The appellant faced trial for the offence punishable under Section 55(a) of the Abkari Act.

(2.) The prosecution case against the appellant - accused was that on 21.8.1997 at 3 p.m. while the Excise Inspector, Kollam range was on patrol duty, he found 15 plastic covers each containing 125 ml. of arrack kept in a plastic bag in the house of the appellant. To prove the case against the appellant, the prosecution examined PWs.1 to 5 and produced Exts.P1 to P6 as well as MOs. 1 to 4. No oral or documentary evidence was adduced on the side of the defence.On closing the prosecution evidence, the accused was questioned under Section 313 Cr.P.C. The accused denied the charges levelled against him. However, relying on the evidence adduced by the prosecution, the trial court found the accused guilty under Section 55(a) of the Abkari Act, convicted him thereunder and sentenced him to undergo rigorous imprisonment for two years and to pay a fine of Rs. 1,00,000/- and in default of payment of fine, to undergo simple imprisonment for a further period of six months. The appellant was also given the benefit under Section 428 Cr.P.C. The above conviction and sentence are challenged in this appeal.

(3.) This Court heard the learned Counsel appearing for the appellant as well as the learned Public Prosecutor.