KACHERI GIREESHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appeal is filed by the first accused in Crime No.8 of 2001 of Thalassery Excise Range, who along with accused 2 to 4 stand convicted under Section 55 (a) of the Abkari Act by the Sessions Court, Thalassery as per the judgment in S.C.No.1085 of 2004.

(2.) The prosecution allegation based on which the charge was framed, the accused tried and convicted are as under: On 17.09.2001, at about 1.30 p.m, while PW2, the Excise Inspector, Thalassery along with patrol party, was conducting vehicle checking near Ponniam Bridge, autorickshaw bearing registration No.KL-13 G 4463 driven by the appellant with accused 2 to 4 as passengers reached the spot. Even though the Excise officials demanded the appellant to stop the vehicle, the appellant sped away in an attempt to flee. The Excise party chased the autorickshaw in their jeep and finally succeeded in stopping the vehicle at Tharuvana Theru. On inspection of the vehicle, the officials found 30 bottles of Indian Made Foreign Liquor of 180 ml.capacity, concealed in two bags in the passenger section. From the label on the bottles, it became evident that the liquor was manufactured and meant for sale only in in Pondichery. After ascertaining that the bottles contained Indian Made Foreign Liquor, samples were drawn, the bottle sealed, the accused arrested and the crime registered alleging commission of offence under Section 55 (a) of the Abkari Act. In order to prove the prosecution case, Pws 1 to 4 were examined, Exts.P1 to P9 documents and MO1 to MO5 marked in evidence. In their examination under Section 313 Cr.P.C, the accused denied the incriminating circumstances put to them, but did not choose to adduce any evidence in their defence, either oral or documentary.

(3.) On appreciation of the evidence, the trial court found the prosecution to have succeeded in proving that the accused had committed the alleged offence and proceeded to convict and sentence them to undergo simple imprisonment for two months and to pay a fine of Rs.1,00,000/- each, with default sentence of simple imprisonment for one month.