ANIL Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused 1 to 3 are the appellants in this appeal. By judgment dated 11.5.2006 in S.C.No.637 of 2004 on the file of the Court of Additional Sessions Judge (ADHOC)-II, Thodupuzha, accused 1 to 3 were convicted and sentenced to undergo rigorous imprisonment for three years each and fine of '1,00,000/- each and in default to undergo rigorous imprisonment for 3 months each for the offence punishable under Section 55(a) of the Abkari Act. No separate sentence was passed for the offence under Section 55(h) of the Abkari Act. Assailing the conviction and sentence, the appellants/accused are before this Court.

(2.) Prosecution case in brief is that on 14.6.2003 at 6.30 p.m., the accused were found transporting illicit liquor in five bags in jeep bearing Registration No. KL5/F5488 owned by accused No.1.

(3.) Pw4 the Sub Inspector of Police, Rajakkad arrested the accused, seized the illicit liquor and also the jeep in which the liquor was transported. PW4 suo motu registered the case against accused Nos.1 to 3 for the offence punishable under Section 55(a) of the Abkari Act. The Circle Inspector of Police, Adimaly conducted the investigation and laid the charge sheet before the Judicial First Class Magistrate Court,Adimaly.