JUDGMENT

The accused in SC No.662/2012 (2nd accused in OR No.68/2003 of Ranni Excise range) on the file of the Additional District & Sessions Judge No.II, Pathanamthitta has preferred this appeal challenging the conviction and sentence imposed against him as per judgment dated 2.1.2014 in the above case. The State of Kerala is the respondent herein.

2. I would like to refer the parties in this appeal as 'prosecution' and 'accused' hereinafter, for easy reference.

3. The brief facts of the case:

The prosecution allegation is that on 1.10.2013 as directed by the Deputy Excise Commissioner Southern Range, Excise officials of Kollam conducted raid in TS No.18/03-04 of Ranny Range and seized arrack from the toddy shop where license was given in favour of the 2nd accused. Thereafter, contraband was recovered and crime alleging commission of offences under Section 8 (1)

r/w 8 (2) of Abkari Act was registered and investigated. Thereafter, charge laid against Accused Nos.1 and 2 before the Judicial First Class Magistrate Court, Ranny. Thereafter, case against the 2nd accused was committed to the court of Sessions after refiling the case of the 1st accused as his presence could not be secured