SABU @ SABUNATHAN Vs. EXCISE INSPECTOR BALUSSERY

JUDGEMENT

(1.) The revision petitioner is the accused in C.C.No.1175 of 1998 on the file of the Judicial First Class Magistrate Court, Koyilandy. By the judgment dated 10.6.2002, the learned Magistrate convicted and sentenced the accused to undergo simple imprisonment for six months and to pay a fine of Rs.25,000/- in default of payment of fine, to undergo simple imprisonment for one month more for the offence under Section 55(g) of the Kerala Abkari Act (Act 1 of 1077).

(2.) Feeling aggrieved by the conviction and sentence, the accused preferred Crl.Appeal No.326 of 2002 before the Sessions Court, Kozhikode. The learned Sessions Judge dismissed the appeal confirming the conviction and sentence imposed by the trial court by the judgment dated 22.4.2005.

(3.) The prosecution case in brief is hereunder below. On 2.8.1996, at about 12.30 P.M., while the Preventive Officer, Balussery Excise Range, was conducting patrol duty within the jurisdiction of Koyilandy Taluk, the accused was found carrying a plastic can containing 18 litres of wash which is mainly used for preparing illicit liquor. The contraband was seized in accordance with law and the accused was arrested from the spot. PW5, the Excise Inspector, Balussery Excise Range conducted investigation in this case and filed final report before the trial court for the offence punishable under Section 55(g) of the Abkari Act.