(1.) This appeal is filed against the judgment in S.C. No. 70 of 2005 on the file of the Additional District and Sessions Court, Vadakara. 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 1.9.2003 at about 6.30 p.m. while PW.1, the Sub Inspector of Police, Edachery Police Station was on Law and Order duty along with a police constable, he saw the accused near the autoricksha stand of Mahe railway station with a plastic bag in his hand and that on examination of the bag, it was found to contain Indian made foreign liquor ( Doctors grape brandy). in 3 bottles of 375 ml. capacity and 8 bottles of 180 ml. capacity without any valid documents. To prove the case against the appellant, the prosecution examined PWs.1 to 7 and produced Exts.P1 to P8 as well as MOs.1 to 4. No oral or documentary evidence was adduced on the side of the defence. On closing the evidence of the prosecution, the accused was questioned under Section 313 Cr.P.C. The accused denied the prosecution charge and stated that he was taken by the police while he was standing at the bus top. After considering 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 one and a half years and to pay a fine of Rs. 1,00,000/- and in default of payment of fine, to undergo rigorous imprisonment for a further period of six months. Set off was also allowed under Section 428 Cr.P.C. The above conviction and sentence are challenged in this appeal.
(3.) This appeal is filed through the jail authorities and hence the appellant is defended by a State Brief. This Court heard the learned Counsel appearing for the appellant as well as the learned Public Prosecutor.
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