SAJIKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is preferred against the judgment of conviction and sentence made in S.C.No.1049/2001 on the files of the Court of Additional Sessions Judge for the trial of Abkari Act cases, Neyyattinkara. The conviction is under Section 58 of the Abkari Act and the sentence is to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1,00,000/- with default rigorous imprisonment for three months.

(2.) The prosecution case is that on 3.12.1998, at about 12 noon, the appellant was found in possession of 2 litres of arrack in a can and thereby committed the offence. The prosecution altogether examined 6 witnesses and Exts.P1 to P10 were marked.

(3.) When the appeal came up for hearing, the learned counsel for the appellant submitted that no sample was lifted from the place of alleged seizure. It is the case of the prosecution that sample was taken from the court, no letter of request to take the sample was marked before the court. The marked documents also not showing any judicial proceedings.