RAJU Vs. STATE OF KERALA

JUDGEMENT

(1.) In this appeal preferred under Section 374(2) of the Code of Criminal Procedure, hereinafter referred to as 'the Cr.P.C .', the legality and correctness of the judgment of the learned Additional Sessions Judge, Ad- hoc-I, Thalassery in S.C.No.678/2005 dated 06.10.2007 are under challenge. The precise allegation against the appellant is that on 20.10.2003 at 4.30 p.m., the Sub Inspector of Kolavallur police station and party found the appellant illegally transporting 31 bottles of Indian Made Foreign Liquor, each containing 180 mls. The place of occurrence was on the public road in front of house No.TPX288, where Lakshmi w/o Sankaran of Chakkittakandiyil at Vadakkepoyiloor in Thrippangottoor amsom is residing. The contraband was seized under a mahazar, the appellant was arrested and Crime 422/2003 of that police station was registered. After investigation, the charge sheet was laid before the Chief Judicial Magistrate, Thalassery where C.P.37/2004 was registered. After completing the procedural formalities, the learned Magistrate committed the case to the Sessions Court, Thalassery from where it was made over to the trial court.

(2.) After hearing counsel on both sides, the learned Additional Sessions Judge framed charge alleging offence punishable under Section 58 of the Abkari Act, read over and explained to the appellant, to which he pleaded not guilty. He was on bail. The counsel engaged by him defended him.

(3.) Four witnesses were examined on the side of the prosecution as PWs 1 to 4. Exts.P1 to P7 were marked. Material objects were identified and marked as MOs 1 to 4. On completion of evidence when examined under Section 313(1)(b) of the Cr.P.C., the appellant maintained the same stand. As the learned Judge found the appellant not acquittable under Section 232 Cr.P.C., he was called upon to enter on his evidence in defence. But no evidence was adduced by him. After hearing counsel on both sides, by the impugned judgment, the court found him guilty under Section 58(a) of the Abkari Act and convicted and sentenced to undergo simple imprisonment for three months and to pay a fine of Rs.1,00,000/-, in default to undergo simple imprisonment for 15 days. That conviction and sentence are now under challenge.