NARAYANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) When the appeal came up for hearing, on the last posting date, there was no representation. As such Adv. Sri. Padmalayan P.P. has appointed as Amicus Curiae on the date to assist the Court for disposal of the appeal on merit. The said order was passed on the basis of decision of the Hon'ble Apex Court in K.S.Panduranga v. State of Karnataka reported in (2013) 3 Supreme Court Cases 721.

(2.) The learned Counsel Adv.Sri.Padmalayan P.P. submitted before this Court that this appeal is preferred against the judgment of conviction and sentence in S.C.No.849/2005 on the files of Additional Sessions Judge Fast Track Court-II, Palakkad. The conviction was under Section 55(a) and (i) and r/w Section 8(2) of the Abkari Act. The sentence was to undergo simple imprisonment for one year and to pay a fine of Rs. 1,00,000/- (Rupees One Lakh Only), in default simple imprisonment for three months.

(3.) The prosecution case in a nut shell is as follows: On 28.05.2002 at about 5.30 PM, the appellant was found conducting sale of arrack by possessing about 4.8 litres of arrack in a 5 litre can and thereby committed the offence. The prosecution altogether examined five witnesses and Exts.P1 to P8 marked. MO1 to MO3 series also identified. After appreciating the evidence, the court below convicted the accused and sentenced as stated above.