SATHYASEELAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the accused. The appeal is filed by him assailing the verdict of guilty, conviction and sentence in a prosecution under Section 55(a) of the Abkari Act, 1077.

(2.) The prosecution case is that, on 28.04.2000, at about 06.05 hours, MO1 can which contained 25 litres of arrack was found concealed under the firewood kept at the courtyard of the house of the appellant at the place Odanavattom. PW3 Sub Inspector seized the can containing arrack as per Ext.P1 mahazar. He took samples of the liquid from the can. He arrested the appellant who was standing near the firewood. He returned to the police station and registered Crime No.118/2000 of Pooyapally police station under Sections 55(a) and 55(i) of the Abkari Act. After completing the investigation of the case, he filed chargesheet against the appellant.

(3.) The trial court framed charge against the appellant for the offences punishable under Sections 55(a) and 55(i) of the Abkari Act. The appellant denied commission of the offences alleged against him. Thereupon the prosecution examined PW1 to PW3 and marked Exts.P1 to P4. MO1 and MO2 were also marked. During the examination under Section 313 Cr.P.C, the appellant took up the plea that it is a false case. DW1 was examined on the side of the appellant to prove this plea.