J U D G M E N T

The appellant is the accused in S.C.No.463/06 of the Additional Sessions Court, North Paravur, who stands convicted under Section 58 of the Abkari Act and sentenced to undergo rigorous imprisonment for 2 years and to pay a fine of ₹1 lakh, in default, to undergo rigorous imprisonment for six more months.

2. The prosecution case is that on 21.12.2004 at

6.45 p.m. a search was conducted at the house of the appellant and he was found storing 7.750 litres of Indian Made Foreign Liquor purchased from the Kerala State Beverages Corporation. Apparently, it was excess quantity of Indian Made Foreign Liquor which a person could have procured and possessed.

3. On the side of the prosecution, PWs.1 to 5 were examined and Exts.P1 to P9 were marked. MOs.1 to 5 series were identified. Ext.D1 was also marked on the side of the defence. The court below found the accused guilty of the offence punishable under Section 58 of the Abkari Act , convicted him thereunder and sentenced him as aforesaid.

4. Heard the learned counsel for the appellant and the learned Public Prosecutor.

5. PW1 Excise Inspector, Varapuzha Excise Range detected the offence. The contraband was seized through Ext.P5