MOOTHEDATH SIVADASAN Vs. STATE OF KERLA

JUDGEMENT

(1.) The revision petitioners are the accused Nos.1 and 2 in S.C No.755/2003 on the file of the Additional Assistant Sessions Judge, Thalassery and the appellant in Crl. Appeal No.287/2007 on the files of the Additional Sessions Court ? I, Thalassery. The offence alleged against the accused is punishable under Section 58 of the Abkari Act, 1077 (hereinafter referred to as "the Act").

(2.) The prosecution allegation in brief is that, on 15.06.2000 at 19.45 hours, the accused Nos.1 and 2 were found illegally transporting 700 liters of spirit in 21 plastic cans in Maruti vans bearing registration numbers TCV/7591 and BLB/2276 in front of the Lavanaya Engineering Works, Keezhur Amsom, Payancherimukku. Thus the accused Nos.1 and 2 are alleged to have committed the aforesaid offence.

(3.) On the appearance of the accused Nos.1 and 2, this trial come framed charge against the accused Nos.1 and 2 under Section 55 (a) of the Act. During the trial of the case, PW1 to PW6 were examined and marked Exts.P1 to P9. On closing the evidence of the prosecution, the accused were questioned under Section 313 (1) (b) of the Cr.P.C. They denied all the incriminating circumstances appearing in the evidence. When they were called upon to enter on their defence, no defence evidence was adduced.