VIJAYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) In this appeal preferred from the Central Prison, Kannur, the appellant who was the sole accused in S.C. No. 237 of 2009 on the file of the Additional Sessions Court (Adhoc - I), Kozhikode, challenges the conviction entered and the sentence passed against him for an offence punishable under Section 55(a) of the Abkari Act.

(2.) The case of the prosecution is the following:

(3.) The case after committal by the Judicial First Class Magistrate, Nadapuram came up for preliminary hearing under Section 227 Cr.P.C before the Additional Sessions Court, Kozhikode. To the charge framed against him by the court below for an offence punishable under Section 55(a) of the Abkari Act, the appellant voluntarily pleaded guilty. On being satisfied that the plea of guilt was made voluntarily, the learned Sessions Judge convicted the appellant and sentenced him to rigorous imprisonment for one year and to pay a fine of Rs. 1 lakh and on default to pay the fine, to suffer rigorous imprisonment for three months. The appellant has been in custody since the date of detection namely 11.01.2009 onwards. It is the said conviction and sentence which are assailed in this appeal preferred from the Central Prison.