BALACHANDRAN, S/O. PURUSHOTHAMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is preferred challenging the judgment of conviction and sentence made in S.C.No.795/2003 on the files of the Court of the Additional Dist. and Sessions Judge Adhoc II, Kollam The conviction is under Section 55(a) of the Abkari Act. The case of the prosecution is that on 8.6.1999 at about 10.30 a.m. accused was found standing under a tree and was handling some bags which contained 260 sachets of arrack, each containing 100 ml. The prosecution altogether examined three witnesses and Exts.P1 to P4 were marked. DW1 was also examined. MO1 to M03 were also identified.

(2.) When the appeal came up for hearing, the learned counsel for the appellant submitted that in this case, the identity of the accused is not proved beyond reasonable doubt. It is also submitted that the identity of the sample sent for analysis is also not proved by producing and marking the forwarding note. Lastly, it is submitted that no independent witness supported the prosecution.

(3.) I heard the learned Public Prosecutor. Learned Public Prosecutor submitted that it is not a case where a false case has been foisted against the appellant. 26 litres of arrack is involved. The quantity of the arrack involved itself is vouching the genuineness of the case.