LUKOSE 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. 375/2002 on the file of the Addl. Sessions Court (Abkari), Kottarakkara, for offences punishable under Section 55(a) and 55(i) of the Abkari Act, challenges the conviction entered and the sentence passed against him under Section 55(a) of the said Act.

(2.) The case of the prosecution is that on 3.6.2000 at about 8 p.m. in the rubber plantation of one Baby of Vadakkumkara veedu, Palamukku, the accused was found in possession of 4 litres of illicit arrack in a black jerry can having a capacity of 5 litres and that the accused has thereby committed offences punishable under Sections 55(a) and 55(i) of the Abkari Act.

(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 5 witnesses as PWs.1 to 5 and got marked 5 documents as Exts.P1 to P5 and 2 material objects as M.Os.1 and 2.