KUNHANNA POOJARI Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the accused in the case S.C.No.183/2003 on the file of the Court of Session, Kasaragod. 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 that on 26.09.2001, at about 18.15 hours, at a public road at the place Badiyar in Bayar Village, the appellant was found having in his possession 16 bottles, each bottle containing 375 ml. of Indian Made Foreign Liquor (for short 'IMFL'), which was permitted to be sold only in the State of Karnataka. PW4, the Sub Inspector of Manjeshwar police station, found the accused with the bottles of liquor in possession and he seized the liquor as per Ext.P3 mahazar and arrested the appellant from 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 PW6 and marked Exts.P1 to P7 and MO1 series. No evidence was adduced by the appellant.