JINO SEBASTIAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 02.05.2005 of the Additional District and Sessions Court, Fast Track (Adhoc I) (for short 'the court below'), Kozhikode in S.C.No.416 of 2003.

(2.) The appellant is the sole accused in the case. He was charged by the court below for the offence punishable under section 55(a) of the Abkari Act (for short 'the Act'). After trial, the appellant was found guilty by the court below, convicted and sentenced to undergo rigorous imprisonment for two years and pay a fine of Rs. 1,00,000/- (Rupees One Lakh only). He was also directed to undergo simple imprisonment for a period of six months as default sentence for failure to pay the fine amount in time. Aggrieved by the aforesaid judgment that the accused has approached this court in the captioned appeal.

(3.) The facts of the prosecution case in brief are to the following effect: