KUNHIKKA Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner is the accused in SC No. 682 of 2010 on the file of the Assistant Sessions Court, Hosdurg and the appellant in Crl.Appeal No. 190 of 2014 on the file of the Sessions Court, Kasaragod. The offence alleged against the accused is punishable under Section 8 of the Kerala Abkari Act.

(2.) The prosecution case, in brief, is that on 23.10.2008 at about 1.30 pm, while PW1, the Preventive Officer attached to the Excise Enforcement and Anti Narcotic Special Squad, Kasaragod, along with his party was conducting patrol duty through Udayapuram - Kuthirakkallu road and when they reached near the water tank of Kuthirakkallu Shudhajala Vitharana Padhathi, the accused was found coming from their opposite side carrying a can containing 5 litres of arrack. PW1 arrested the accused and seized the can containing arrack. PW1 took samples from the can, labelled and sealed and thereafter, prepared Ext.P3 seizure mahazar in accordance with law. The accused, contraband articles and records were produced before the Hosdurg Range Office on the next day.

(3.) During the trial of the case, PWs 1 to 5 were examined and marked Exts.P1 to P13 on prosecution side. On closing the evidence of the prosecution, the accused was questioned under Section 313(1)(b) of the Code of Criminal Procedure (hereinafter referred to as, "the Cr.P.C ."). He denied all the incriminating circumstances appearing in the evidence against him. When the accused was called upon to enter on his defence, no defence evidence was adduced.