MOHANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is preferred against the judgment on conviction and sentence made in S.C.No. 848/05 on the files of the Additional Sessions Judge, Fast Track Court-II, Palakkad. The conviction is under Section 55(a) r/w Section 8(2) of the Abkari Act, and is sentenced to undergo simple imprisonment for one year and to pay a fine of Rs. 1 lakh, with a default of simple imprisonment for three months. The facts of the case are as follows.

(2.) On 26.06.2002 at about 8 A.M., the appellant herein was found transporting 10 liters of arrack in two cans of 5 liters capacity each and thereby committed the offence. Prosecution examined 5 witnesses and Ext.P1 to P8 marked. MO1 series also identified. On the side of the defence, DW1 examined and Exts. D1 to D5 marked. After appreciating the evidence, the court below convicted the accused and sentenced as stated above.

(3.) When the appeal came up for hearing, the learned counsel appearing for the appellant submitted before this Court that this is a case where from the alleged place of incident, the detecting officer collected sample, only from a single can even though the allegation was that in 2 cans appellant carried arrack.