SHAFEEK Vs. STATE OF KERALA

JUDGEMENT

(1.) Since these appeals arise from the same judgment of conviction and sentence, they are disposed of by this common judgment. Crl.Appeal No.4 of 2008 is filed by the 3 rd accused and Crl.Appeal No.66 of 2008 is filed by accused Nos.1 and 2 in in S.C. No.1226 of 2005 on the files of the Additional Sessions Judge, Fast Track (Adhoc) IV, Thiruvananthapuram.

(2.) Appellants were convicted of offence punishable under Section 55(a) of the Abkari Act (for short 'the Act') and sentenced to undergo rigorous imprisonment for 3 years and pay a fine of Rs.1,00,000/- each with default sentence of another rigorous imprisonment for six months each.Set off for the period undergone in judicial custody was also given to the appellants.

(3.) The appellants were prosecuted by PW4 Sub Inspector of Police, Kadinamkulam on the allegation that they possessed and transported in an autorickshaw bearing registration No.KL- 01-M-1714 on 25.4.2003 at 4.30 pm., 72 litres of Indian Made Foreign Liquor and 23.400 ml of Kingfisher Beer concealed in a total 8 Cases kept in the back seat of the autorickshaw through Puthenthoppu-Puthukurichi road, within the limits of Kadinamkulam police station and committed the offence punishable under Section 55(a) of the act.