VASUDEVAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Dated this the 21st day of November, 2019 The appellant is the accused in SC 318/2005 on the file of the Additional Sessions Judge, Fast Track Court III, Palakkad and he challenges the conviction and sentence of him for offence punishable under Section 8 (2) of the Abkari Act. He was sentenced to undergo rigorous imprisonment for two years and pay fine of Rs. one lakh with default sentence of simple imprisonment for six months.

(2.) The appellant was charge sheeted by PW5 Excise Range Inspector, Mannarkkad, on the allegation that on 21.2.2001 at 12.40PM he was found in a public road proceeding to the Chattakundu Forest Cashew Plantation, carrying a MO1 black Can of 2- 1/2 litres containing illicit arrack and he committed offence punishable under Section 8 (2) of the Act.

(3.) The case against the appellant was submitted to the Court of Sessions, Palakkad, from where it was made over to Additional Sessions Judge, Fast Track Court III, Palakkad, where charge was framed against appellant for offence punishable under Section 8 (2) of the Act and he denied the guilt when the charge was read over and explained to him.