(1.) Dated this the 23rd day of January 2020 The sole accused in S.C.No.1000/2004 before the Additional Sessions Judge (Ad Hoc-I), Kasaragod, is the appellant. He was tried for offence punishable under Section 55(a) of the Abkari Act (for short, 'the Act') and convicted and sentenced for the same to undergo rigorous imprisonment for a period of three months and to pay a fine of Rs.1 lakh with default sentence of rigorous imprisonment for another period of one month.
(2.) He was charge sheeted by the Excise Inspector, Hosdurg Range on the allegation that he possessed 5 ltrs. of arrack in MO1 plastic Can of 5 ltrs, on 10.10.2000 at 2 p.m., when he was intercepted and inspected by the patrol party attached to Excise Range, Hosdurg in a pathway near the bund across the channel at Edakkadavu in Kallar Village. The case against him was committed to the Court of Sessions, Kasaragod from where it came to be tried before the Additional Sessions Judge (Ad Hoc-I), Kasaragod, where charge was framed against the appellant for offence punishable under Section 55 (a) of the Act and on his pleading not guilty to the charge, the prosecution examined PWs 1 to 7 and marked Exts.P1 to P7 and MO1.
(3.) On the close of the prosecution evidence, the appellant was questioned under Section 313 of Cr.P.C. where he denied his involvement and pleaded to be innocent. No defence evidence was adduced from his side, despite he having been called upon to enter on defence.