K. PRABHAKARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is preferred by the accused challenging the conviction and sentence made in S.C.No.134/2002 on the files of the Court of Additional Sessions Judge ( Adhoc) III, Kasargod. The conviction is under Section 8(2) of the Abkari Act.

(2.) The case of the prosecution in a nutshell is that on 2.2.2002, the appellant was found in possession of 4 packets containing arrack of 100 ml. each manufactured in Karnataka State and thereby committed the above offence. He was arrested by the S.I. of Police, Kasargod. After investigation by the Additional S.I. of Police, charge was filed. The prosecution altogether examined seven witnesses and Exts.P1 to P7 were marked. MO1 and MO2 were also identified. After appreciating the evidence, the court below convicted the accused and sentenced to undergo simple imprisonment for one year and to pay a fine of Rs. 1,00,000/- with default simple imprisonment for six months.

(3.) When the appeal came up for hearing, the learned counsel for the appellant raised two points :