MANI Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is preferred against the judgment of conviction and sentence made in S.C.No.1094/2005 on the files of the Court of Addl. Sessions Judge, Fast Track Court No.II, Palakkad. The conviction is under Section 8(1) and 8(2) of the Abkari Act. The sentence is to undergo simple imprisonment for one year and to pay a fine of Rs. 1,00,000/- with default simple imprisonment for three months.

(2.) The facts necessary for disposal of this appeal is as follows :

(3.) When the appeal came up for hearing, the learned counsel for the appellant submitted that curious procedure has been adopted by the prosecution, while conducting the case. The detection was by a preventive officer. He claims that he reported the case before an excise inspector. It is mandatory under Section 38 of the Abkari Act. But the said inspector was not examined before the court and he was not even cited as a witness. There is no endorsement by the court on property list showing the date and time actually the thondi list reached before the court. It was actually seen received by the Junior Superintendent by the order of the Magistrate. It is also highlighted that the forwarding note, which was marked as Ext.P6 is not containing the name of the guard.