JAYARAM NONDA Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the sole accused in S.C.No.164 of 2008. In this appeal, he challenges his conviction and sentence under Section 8(2) of the Abkari Act imposed by the judgment dated 2.7.2011 in S.C.No.164 of 2008 of the court of Sessions, Kasaragod Division (Additional District and Sessions Court (Ad Hoc)-I, Kasaragod.

(2.) The case of the prosecution is that at about 3 p.m. on 18.10.2005, the accused was found transporting 5100 packets of arrack each having capacity of 100 ml. and thus, a total quantity of 510 litres of arrack from Karnataka to Kerala in a maruthi car bearing Registration No.CKQ-3518 through the road at Mukharikandam in Edanadu Village. On the basis of the above allegation, crime No.281 of 2005 was registered in the Kumbla Police Station for the offence punishable under Section 8(2) of the Kerala Abkari Act and on completing the investigation, the Police has preferred a report in the Judicial First Class Magistrate Court- I, Kasaragod based upon which C.P.No.147 of 2007 was instituted and finally, the learned Magistrate, by his order dated 29.1.2008 committed the case to the Sessions Court wherein S.C.No.164 of 2008 was instituted and subsequently, the case is made over to the present trial court for disposal.

(3.) When the accused appeared, after hearing the prosecution as well as the defence, a formal charge was framed for the offence punishable under Section 8(2) of the Abkari Act and the accused denied the charge when the same was read over and explained to the accused and consequently, the prosecution adduced its evidence by examining Pws.1 to 5 and producing Exts.P1 to P9 documents. No evidence either oral or documentary was produced from the side of the defence. Finally, the trial court has held that the prosecution has satisfactorily proved its case that the accused has transported 5100, 100 ml. packets of arrack, which is prohibited for consumption and sale in Kerala and thus, Section 8 (2) of the Kerala Abkari Act is established against the accused. Accordingly, the accused is found guilty and convicted under Section 8(2) of the Kerala Abkari Act and on such conviction, he is sentenced to undergo rigorous imprisonment for five years and to pay fine of Rs.1 lakh and in default, he is sentenced to undergo rigorous imprisonment for one year. Set off is allowed under Section 428 of the Cr.P.C. It is the above finding and conviction challenged in this appeal.