SUNILKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is preferred against the judgment of conviction and sentence made in S.C.No.1490/2004 on the files of the Court of Additional District and Sessions Judge ( Adhoc III), Kollam. The conviction is under Section 8(1) and (2) of the Abkari Act and sentence is to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1,00,000/- in default to undergo rigorous imprisonment for six months.

(2.) The facts of the case is as follows :

(3.) When the appeal came up for hearing, the learned counsel appearing for the appellant submitted that here is a case where the prosecution has not proved the identity of the appellant beyond reasonable doubt. It is also the submission of the learned counsel that the link in between the analysis report and the contraband is missing in this case. Under such circumstances, the appellant is entitled for benefit of doubt.