DIVAKARAN, S/O.RARICHAN Vs. EXCISE INSPECTOR, THAMARASSERY

JUDGEMENT

(1.) PW 6, the Excise Inspector, Thamarassery, prosecuted the revision petitioner before the 1st Additional Assistant Sessions Judge, Kozhikode, in S.C.No.13/2001, accusing offence under Section 55(a) of the Abkari Act with an allegation that at 6.p.m., on 17.4.1998, along Chamal - Ambedkar public road the revision petitioner was found carrying three litres of illicit arrack in a jerry can which was marked as MO1.

(2.) THE revision petitioner pleaded not guilty. Therefore, he was sent for trial. On the side of the prosecution, PWs 1 to 6 were examined. Exts.P1 to P7 were marked. During the course of evidence, Exts.D1 and D2 were marked. MO1 was also marked on the side of the prosecution. After closing the evidence of the prosecution, the revision petitioner was questioned under Section 313 of the Code of Criminal Procedure. The revision petitioner denied the incriminating evidence and took a plea of total innocence. Though he was called upon to enter his defence, no defence evidence was let in. The learned Assistant Sessions Judge, on appraisal of the evidence, arrived at a finding of guilty. Consequently, the revision petitioner was convicted and sentenced to simple imprisonment for three years and a fine of rupees one lakh with a default sentence of simple imprisonment for six months.

(3.) I have heard Adv.Sri.S.R.Sreejith, the learned counsel appearing for the revision petitioner and Smt.M.G.Lisha, the learned Government Pleader. The learned counsel for the revision petitioner took me through the evidence on records.