CHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellants challenge the conviction and sentence imposed by judgment dated 27.12.2007 by the Additional Sessions Judge, Vadakara having found them guilty for the offence under Section 55(a) of the Kerala Abkari Act (for short, 'the Act'). They were sentenced to undergo rigorous imprisonment for two years each and to pay a fine of Rs.1,00,000/- each, in default to undergo rigorous imprisonment for six months.

(2.) The prosecution case is that on 30.03.2004 at 8.15 a.m., the first accused was driving an Autorikshaw bearing No.KL 11 G 8339 and A2 was travelling in it as a passenger. 65 litres of petrol and 48 bottles of Indian made foreign liquor were found being transported by the accused. On detecting the offence, PW1 registered the crime while PW6 conducted the investigation and filed a final report indicting the accused for offence under Section 55(a) of the Act as well as Section 6 of the Kerala Motor Spirit and High Speed Diesel Oil (Maintenance and Regulation of Supplies) Order, 1979 read with Section 3 , 7(1)(a) of the Essential Commodities Act. Pursuant to committal of the case to the Sessions Court, the prosecution examined PWs 1 to 8 and marked Exts.P1 to P9. MOs 1 to 4 were also marked.

(3.) After analysing the evidence adduced in the case, the learned Additional Sessions Judge found the accused not guilty for the offence under Section 6 of the Kerala Motor Spirit and High Speed Diesel Oil (Maintenance and Regulation of Supplies) Order, 1979 on the ground that the Detecting Officer was incompetent to file a final report under the Essential Commodities Act , but found the accused guilty of the offence under Section 55(a) of the Act. The accused have preferred this appeal challenging the conviction and sentence.