SURENDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is preferred against the judgment of conviction and sentence made in S.C.No.35/2006 on the files of the Court of Additional District and Sessions Court Judge, Adhoc, II, Kollam. The conviction is under Section 8(1) and (2) of the Abkari Act. The sentence is to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1,00,000/- with default simple imprisonment for six months. The prosecution case is that the appellant was found in possession of 10 litres of spirit and thereby committed the offence.

(2.) The prosecution altogether examined three witnesses and Exts.P1 to P7 were marked. MO1 was also identified. DW1 was examined on the side of the defence.

(3.) When the appeal came up for hearing, the learned counsel appearing for the appellant submitted before this court that here is a case where prosecution failed to prove the case with reliable and cogent evidence. Neither the detecting officer nor the charging officer examined in this case. Only one preventive officer allegedly present at the time of detection was examined as PW1. The independent witnesses not supported the prosecution.