V. H. SURESH Vs. STATE OF KERALA

JUDGEMENT

(1.) The convict in S.C. No. 386/2006 of Sessions Division, Kalpetta challenges his conviction under Section 8(1) and (2) of the Abkari Act, and sentenced to undergo simple imprisonment for four years and to pay fine of Rs.1,00,000/-, in default simple imprisonment for two years. The case had originated on a final report laid by the Excise Inspector, Sulthan Bathery in Crime No. 46/2005 of Bathery Excise Range.

(2.) The precise allegation is that on 11.07.2005, at 5.45 p.m., the Preventive Officer, Excise Enforcement and Anti Narcotic Special Squad, Wayanad and party, while engaged in usual patrol duty, found the appellant on the Ponnakam paddy land area, on the road leading to Nambiarkunnu from Vendol in Cheeral village in Sulthan Bathery taluk, carrying six litres of arrack in a can having capacity of 10 litres. He was arrested from the spot, the contraband was seized under a mahazar prepared in the presence of independent witnesses and the material papers were handed over to the Excise Range Office and the said crime was registered. The accused was produced along with the contraband before the court on the following day itself. On conclusion of investigation, the charge sheet was laid before the Judicial First Class Magistrate, Sulthan Bathery where the case was taken on file as C.P. No.93/2006 under Section 8(1) and (2) of the Abkari Act. After completing procedural formalities, the case was committed to the Sessions Court, Kalpetta from where it was made over to the Additional Sessions Court (Adhoc) I, Kalpetta.

(3.) After hearing counsel on both sides, the learned Additional Sessions Judge framed a charge alleging offence under Section 8(1) and (2) of the Abkari Act, read over and explained in Malayalam to which the appellant pleaded not guilty. He was on bail. He was defended by a counsel of his choice.