BIJU, S/O. RAMACHANDRN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is preferred against the judgment of conviction and sentence made in S.C.No.615/003 on the files of the Court of Addl. District and Sessions Judge ( Adhoc) II, Kollam. The conviction is under Section 55(a) of the Abkari Act. The sentence imposed is to undergo rigorous imprisonment for two years and to pay a fine of Rs. 2,00,000/- with default simple imprisonment for one year.

(2.) The prosecution case is that the appellant herein was found in possession of 15 litres of arrack and thereby committed the offence. The prosecution altogether examined six witnesses and Exts.P1 to P4 were marked. MO 1 and 2 were also identified. After appreciating the evidence, the court below convicted the accused and sentenced as stated above.

(3.) When the appeal came up for hearing, the learned counsel for the appellant submitted that here is a case where no forwarding note was produced. When the forwarding note is not therein, the link in between the analysis report and the alleged contraband will be missing.