CHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE sole accused in a prosecution for the offence under Section 55(g) of the Abkari Act is the revision petitioner and this revision, he challenges his conviction and sentence for the said offence.

(2.) THE prosecution case is that on 17.1.1997 at about 5.00 p.m when the Circle Inspector of Excise and Special Preventive Officer, of Special Squad on patrol duty, they found the accused transporting 10 liters of wash in a plastic pot of 12 liters capacity along with public road from Muthapparambil to Aradikkunnu Harijan Colony and in front of the house of one Poovathikkandi Madhavan and thus, the accused was arrested and accordingly, he committed the offence punishable under Section 55 (g) of the Abkari Act. THE trial court as well as the appellate court found that the accused/petitioner is guilty under Section 55 (g) and accordingly he is convicted and sentenced. It is the above conviction and sentence challenged in this revision petition.

(3.) CHALLENGING the above conviction and sentence and judgment of the trial court, the petitioner herein had preferred an appeal, but by judgment dated 7.11.2001 in Crl.Appeal No.52/99 the court of Sessions, Kozhikkode allowed the appeal only in part and while confirming the conviction, the substantial sentence is reduced into imprisonment for a period of 6 months. The sentence of fine as well as the default sentence are also confirmed. It is the above conviction and sentence imposed against the petitioner and the judgment of the court below are challenged in this revision petition.