SURENDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an appeal preferred by the accused in S.C.No.67/2003 on the files of the Additional Sessions Court, Fast track Court -I, Palakkad. The conviction is under Section 55(b) and (g) of the Abkari Act. The sentence is to undergo rigorous imprisonment for five years and to pay a fine of Rs. 1,00,000/- (Rupees One Lakh Only), with default rigorous imprisonment for one year.

(2.) When the appeal came up for hearing, the learned Counsel appearing for the appellant submitted before this Court that, in this case, he is raising mainly three points.

(3.) The learned Public Prosecutor vehemently argued before this Court that, here is a case where the appellant was detected while distilling arrack. In a prosecution under Section 55(a), 55(b) and 55(g), even if there is no material to show that the link between the analysis report and the contraband, when other equipment used for distillation was produced before court and when there is oral evidence in this regard, an interference by this Court is not warranted.