GEORGE Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner is the accused in S.T. No. 1834/1997 on the file of the Judicial Magistrate of First Class-I, Thrissur. PW 5, the Excise Inspector attached to Thrissur Excise range prosecuted the revision petitioner alleging offence under S. 58 of the Abkari Act with a plea that at 8 p.m. on 23.3.1996, PW 1, the Circle Inspector of Police attached to Thrissur Town East Police Station detected out 41 packets, each containing 100 mls. of illicit arrack and 37 packets, each containing 160 mls. of illicit arrack from the possession of the revision petitioner. Material objects were seized and samples were taken. Following the detection and seizure of the illicit arrack, PW 1 registered a case as Crime No. 176/1996 of Thrissur Town East Police Station. The revision petitioner along with the material objects and samples were forwarded to PW 5, who re-registered a case as Crime No. 13/1996 for which Ext. P2 occurrence report was preferred. After completing investigation, charge sheet was submitted before the trial court.

(2.) Revision petitioner pleaded not guilty. Therefore, he was sent for trial. On the side of the prosecution, Pws 1 to 5 were examined. Exts. P1 to P4 and Mos. 1 to 3 were marked. On appraisal of the evidence, the learned Magistrate arrived at a finding of guilt Consequently the re vision petitioner was convicted and sentenced to undergo simple imprisonment for six months. Aggrieved by the above conviction and sentence, he preferred Crl.A. No. 177/1999 before the Sessions Judge, Thrissur. The Additional Sessions Judge, to whom the appeal was subsequently made over, by judgment dated 19.3.2002, concurred with the Trial Court and the appeal was dismissed. Assailing the legality, correctness and propriety of the above conviction and sentence as confirmed in appeal, this Revision Petition is preferred.

(3.) Heard the learned counsel for the petitioner and the Government Pleader. Perused the judgments of the courts below.