SHAJI Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is preferred against the judgment of conviction and sentence made in SC 781/2001 on the files of the Additional District and Sessions Court (Adhoc) II, Kollam. The conviction is under Section 55 (a) of the Abkari Act. The sentence is to undergo rigorous imprisonment for 2 years and to pay a fine of Rs. 1 lakh under Section 55(1) of the Abkari Act, with default sentence of rigorous imprisonment for one year.

(2.) The prosecution case in a nutshell is that on 25.8.1999 at 2 pm the accused was found in possession of 4 ltrs of arrack in a can which was intended for sale and thereby committed the offence as alleged. Prosecution altogether examined 4 witnesses and Exts.P1 to P4 were marked. MOs 1 and 2 were also marked.

(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 there was inordinate delay in producing the article before the court. It is the submission that even though the detection was on 25.8.1999 the article was produced before the court only on 6.9.1999. It is against the mandate that it should be produced forthwith.