JUDGMENT

Dated this the 9th day of December 2020 ...

The appellant is the accused in S.C.No.210 of 2004 on the file of the Additional Sessions Judge (Adhoc)-1, Kalpetta.

2. The above case is charge sheeted by the Sub Inspector of Police, Thirunelly Police Station against the appellant alleging offence punishable under Section 55(a) of the Abkari Act.

3. The prosecution case is that, on

2.7.2003 at about 5.30 p.m., the accused was found in possession of 13 packets of Karnataka made arrack, each packets containing 100 ml., in a plastic cover for the purpose of sale, in contravention of Abkari Act and Rules. Hence, it is alleged that, the accused committed the said offence.

4. To substantiate the case, the prosecution examined PW1 to PW6. Exhibits P1 to P7 are the documents marked on the side of the prosecution. MO1 to MO3 are the material objects.

5. After going through the evidence and documents, the trial court found that, the accused committed the offence under Section 55(a) of the Abkari Act. The accused is sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.1 lakh. In default of payment of fine, the accused is directed to undergo rigorous imprisonment for th