SUKUMARAN, S/O VELU Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the third accused in the case S.C.No.259/2006 on the file of the Court of Session, Palakkad. The appeal is filed assailing the conviction entered and sentence passed against him under Section 55(a) of the Abkari Act, 1077.

(2.) The prosecution case is as follows: On 20.03.2000, at about 00.15 hours, the Sub Inspector, Walayar police station was inspecting the vehicles at the road in front of Kanjikode Panchayat Office. The lorry bearing registration number KA-01- 5248 was not stopped there. The police party followed the lorry in the police jeep. At 00.20 hours, at the Hospital Junction at Kanjikode, the police party intercepted the lorry and inspected it. They found sacks containing onion kept in the lorry. Among those sacks, they found 202 cans, each having the capacity of 35 litres, which contained spirit. The Sub Inspector took three samples of liquid from each can and seized the cans containing the spirit and the samples and other articles and also the vehicle as per Ext.P1 mahazar. The first accused was the driver and the second accused was the cleaner of the lorry. Along with them, the appellant, the third accused, was also found in the cabin of the lorry. The Sub Inspector arrested them. It is alleged that the accused possessed and transported spirit in violation of the provisions contained in the Abkari Act and the rules thereunder.

(3.) The first and the second accused were absconding at the time of the trial of the case. The appellant, the third accused, faced trial. He pleaded not guilty to the charge framed by the court under Section 55(a) of the Abkari Act.