J U D G M E N T

This appeal is at the instance of accused Nos.1 to 6 in Sessions Case No.900 of 2005 on the file of Additional Sessions Judge Fast Track Court No.II, Palakkad, challenging their conviction under Sections 55(a), 55(g) and 58 of the Abkari Act and sentence under Section 55(a) of the Abkari Act, vide judgment dated 25.10.2008.

2. The prosecution case was that on 06.03.2003 at about

6.30 p.m., the accused were found in possession of 1830 litres of illicit toddy, 502 ml of spirit, 1.350 kilograms of saccharine, 1 kilogram of yeast etc., along with the utensils for manufacturing illicit toddy, in building No.III/65 of Kottayi Panchayat, which was taken on rent by the 7th accused. PW1 and Police party detected the offence and accused Nos.1 to 6 were arrested from the scene of crime. Crime No.29 of 2023 of Kottayi Police Station was registered and investigated. Final report was filed against accused Nos.1 to 10 under Sections 55(a), 55(g) and 58 of the Abkari Act.

3. After committal and on appearance of the accused before the trial court, charge was framed against them under Sections

55(a), 55(g) and 58 of the Abkari Act, to which all of them pleaded not guilty and claimed to b