PYLO Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the accused in the case S.C.No.502/2005 on the file of the Court of Session, Thodupuzha. The appeal is filed assailing the conviction entered and sentence passed against him under Section 55(i) of the Abkari Act, 1077.

(2.) The prosecution case is as follows: On 04.02.2004, at about 20.05 hours, PW6 Sub Inspector conducted search of house No.V/70 of Kumili Grama Panchayat. Then he found the appellant selling Indian Made Foreign Liquor (for short 'IMFL') to another person at the kitchen of the house. On seeing the police party, the appellant and the person who purchased liquor from him ran away and escaped. PW6 Sub Inspector conducted search of the house and found three litres of IMFL contained in eight bottles, each having the capacity of 375 ml. The Sub Inspector seized the liquor bottles and other articles as per Ext.P1 search list. It is alleged that the appellant possessed and sold liquor without any permit or licence.

(3.) The appellant pleaded not guilty to the charge framed by the trial court under Sections 55(a) and 55(i) of the Abkari Act. Thereupon, the prosecution examined PW1 to PW6 and marked Exts.P1 to P8 and MO1 to MO5. No evidence was adduced by the appellant.