GOPAN ALIAS GOPAKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused in SC No. 46/2005 on the file of the Court of the Addl. Sessions Judge (Ad hoc) Court-II, Kalpetta is the appellant. He was charge sheeted for the offences punishable under S.58 of the Abkari Act on the allegation that the appellant was found in possession 4 litres of country made arrack. The appellant was arrested on the same day, contraband article was seized, sample was collected and sealed and labelled in the presence of witnesses and the case was registered. To prove the allegation the prosecution examined PW 1 to PW 7 and Exts. P1 to P7 were marked. Material objects MO 1 was also marked. When the appellant was questioned under S.313 of CrPC, he denied the allegation levelled against him and stated that he was innocent and he was falsely implicated. Relying on the evidence adduced by the prosecution, the Trial Court found that the appellant was guilty of the offences punishable under S.58 of the Abkari Act and he was convicted thereunder and sentenced to undergo simple imprisonment for two years and also 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 conviction and sentence awarded against the appellant are under challenge in this appeal.

(2.) The appeal is filed through the jail authorities. A member from the State Brief panel has been appointed to defend the case of the appellant.

(3.) This Court heard learned counsel for the appellant and the learned Public Prosecutor.