GOPI Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the sole accused in S.C.No.78/2005 on the file of the Additional Sessions Court (Adhoc)-II, Thodupuzha, who was found guilty of having committed the offence punishable under Sections 55(a) and 8(2) of the Abkari Act, convicted thereunder and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.1,00,000/-, with the default sentence of three months rigorous imprisonment.

(2.) The prosecution case in brief is thus: PW7, S.I.of Police, Rajakkad was on petrol duty together with his party on 02.06.2003. At about 12.45 PM he got information about the accused selling illicit arrack in his Ayurveda Shop conducted in a leased premises belonging to PW1. Ext.P10 search memo was prepared and the shop building was searched in the presence PW3 and PW4, independent witnesses. The police party recovered two 10 litre cans containing 10 litres and 2 litres of illicit arrack respectively.

(3.) On appreciation of the evidence, the learned Sessions Judge vide the impugned judgment found the accused guilty and convicted him as stated above. Aggrieved by this, the appellant is before this Court.