G SANTHARAM HEGDE Vs. STATE OF KERALA

JUDGEMENT

(1.) THE appellant was prosecuted by the Station House Officer, Adhur Police Station, who was examined as PW2, alleging offence under Section 55(a) of the Abkari Act with a plea that at 8 P.M on 25.5.1999, while PW2 moving on patrol duty along with police party, he found the appellant carrying 108 packets, each packet containing 100 ml of arrack near his house. The appellant was arrested. The contraband was seized. Returning to the police station, a case as Crime No.71 of 1999 was registered against the appellant. Ext.P2 is the seizure mahazar and Ext.P3 is the First Information Report. After completing the investigation, PW2 submitted the charge sheet before the Judicial Magistrate of the First Class, Kasaragod. On finding that the offence alleged is exclusively triable by a Court of Session, the learned Magistrate committed the case to the Court of Session. From there it was made over to the Additional Sessions Judge (Adhoc I), Kasaragod.

(2.) IN response to the process issued, the appellant entered appearance before the Additional Sessions Judge. When the charge was framed, read over and explained, the appellant pleaded not guilty. Therefore, he was sent for trial. On the side of the prosecution, Pws.1 and 2 were examined. Exts.P1 to P5 and Mos.1 to 3 were marked. When questioned under Section 313 of the Code of Criminal Procedure, the appellant took a defence of total denial. No defence evidence was adduced. The learned Additional Sessions Judge on appraisal of evidence arrived at a finding of guilty. Consequently, the appellant was convicted and sentenced to rigorous imprisonment for three years and a fine of rupees one lakh with a default sentence of rigorous imprisonment for six months. Assailing the above conviction and sentence, this appeal is preferred.

(3.) IN the result, this appeal is allowed. While setting aside the conviction and sentence under challenge, the appellant would stand acquitted. The fine amount, if any, realised shall be refunded.