CHANDRABABU S/O. RAGHAVAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant herein challenges the conviction and sentence against him under Section 8(2) of the Kerala Abkari Act ('the Act' for short) in S.C 224/2007 of the Court of Session, Pathanamthitta.

(2.) The prosecution case is that, at about 6.20 a.m on 11.08.2006 at Magaram, near Panthalam, the accused was found possessing 9 litres of arrack, contained in a plastic can of 10 litres capacity. The offence was detected by the Sub Inspector of Police, Panthalam. The accused was arrested on the spot by him and the plastic can containing arrack was seized as per a mahazar. The Sub Inspector produced the accused and the properties before the Police Station where he registered the F.I.R. Investigation was taken over by another Sub Inspector, and he submitted final report also in court. After complying with the procedure prescribed under the law, the learned Magistrate committed the case to the Court of Session, from where it was made over to the learned Additional Sessions Judge (Adhoc)-I, Pathanamthitta for trial and disposal.

(3.) The accused appeared before the trial court and pleaded not guilty to the charge framed against him under Section 8(2) of the Act. The prosecution examined three witnesses in the trial court and proved Exts.P1 to P8 documents. The MO1 to MO2 properties were also identified during trial.