VENGADAN NARAYANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the accused in the case S.C.No.436/2003 on the file of the Court of Session, Thalassery. The appeal is filed assailing the conviction entered and sentence passed against him under Section 8(1) read with 8(2) of the Abkari Act, 1077.

(2.) The prosecution case is that on 26.02.2002, at about 16.30 hours, PW2 Sub Inspector found the appellant at a public place at Sivapuram with a can containing two litres of arrack. PW2 Sub Inspector took two samples of liquid from the can and seized the can containing arrack and the samples as per Ext.P1 mahazar and arrested the appellant at the spot.

(3.) The appellant pleaded not guilty to the charge framed by the trial court under Section 55(a) of the Abkari Act. The prosecution examined PW1 to PW3 and marked Exts.P1 to P7 and MO1. No evidence was adduced by the appellant. The trial court found the appellant guilty of the offence punishable under Section 8(1) read with 8(2) of the Abkari Act and convicted him thereunder and sentenced him to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs.1,00,000/- and in default of payment of fine, to undergo simple imprisonment for a period of one month.