VELAYUDHAN Vs. THE EXCISE INSPECTOR

JUDGEMENT

(1.) This appeal is preferred against the judgment of conviction and sentence in S.C.No.191 of 2006, on the files of Additional Sessions Judge, (Ad-hoc), Manjeri. The conviction is under Section 55(g) of the Abkari Act. The sentence is to undergo rigorous imprisonment for two years and to pay a fine of Rs. 1,00,000/- (Rupees One Lakh Only), in default rigorous imprisonment for six months.

(2.) When the appeal came up for hearing, the learned Counsel appearing for the appellant submitted before this Court that, the prosecution case in a nut shell is that: On 13.07.2005, at about 6.00 PM, the appellant was seen possessing 12 litres of wash in a can and thereby committed the offence.

(3.) The learned Counsel raised two grounds for consideration of this Court: