GOPALAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is preferred against the judgment of conviction in Sessions Case No. 804/2005, on the files of the Additional Sessions Court, Fast Track Court No-II, Palakkad. The conviction is under section 55(a) r/w Section 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 3 months.

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

(3.) I heard the learned Prosecutor; Prosecutor submitted before this court that, here is a case where the detection was by an Excise Inspector attached to a special Squad formed to detect Abkari offences. It is the submission that, while PW7 was examined, nothing was put in cross examination to show that he was not an Abkari Officer at the relevant point of time. Under such circumstances, no illegality committed by the court below in convicting the accused.