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P. V. KUNHIKRISHNAN
Rajan, S/o. Nanu – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
1. The appellants are the accused in S.C No.787/2001 on the file of the Additional District & Sessions Judge (Adhoc), II, Kollam. Above case is charge sheeted by the Sub Inspector of Police, Paravoor against the appellants alleging offence punishable under Section 55(a) and (h) of the Kerala Abkari Act.
2. The prosecution case is that the accused was found in possession of arrack in MO 1 to MO 3 cannases. Hence it is alleged that the accused committed the offence.
3. To substantiate the case, the prosecution examined PW1 to PW5. Exts.P1 to P6 are the exhibits marked on the side of prosecution. MO 1 to MO 6 are the material objects.
4. After going through the evidence and documents in this case, the trial court found that the accused committed the offence under Section 8 (1) of the Kerala Abkari Act. Accordingly, the accused is sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 1 lakh. Aggrieved by the conviction and sentence, this Crl. Appeal is filed.
5. Heard.
6. Learned counsel for the appellants submitted that there is no forwarding note in this case. Moreover the learned counsel also submitted that PW.5 is the Investigating Officer. H
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