LAKSHMANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The above appeal is filed at the instance of the sole accused in S.C.No.577 of 2004 of the court of Additional Sessions Judge (Adhoc-II), Thodupuzha, challenging the judgment dated 29.4.2005 in the above sessions case as he is convicted and sentenced for the offence under Section 55(i) of the Abkari Act.

(2.) The prosecution allegation is that on 12.2.2002 at about 7 p.m., the accused was found in possession of 5.180 litres of liquor kept by him in different bottles for the purpose of sale while he was in the shop situated in the property of one Biju Paul adjacent to the Popular Automobile Spare Parts situated at Thekkadi Kavala and on seeing the police, the accused who was inside the shop fled from the shop. Thus, according to the prosecution, the accused committed the offences punishable under Sections 55(a) and 55(i) of the Abkari Act. On the basis of the above allegation, crime No.38 of 2002 was registered in the Kumaly Police Station for the said offences and on completing the investigation, the Police has filed a report and eventually, S.C.No.577 of 2004 was instituted in the Sessions Court, Thodupuzha, which is made over to the present trial court for disposal. Thus, on appearance of the accused, after hearing the prosecution as well as the defence, a formal charge was framed against him for the offences punishable under Sections 55(a) and (i) of the Abkari Act, which when read over and explained to the accused, he denied the same and pleaded not guilty and consequently, the prosecution adduced their evidence by examining Pws.1 to 6 and producing Extgs.P1 to P9, P5(a) and besides the above, Mos.1 and 2 are also identified. The trial court, finally, found that the prosecution has established the guilt of the accused beyond all reasonable doubts and held that the accused is guilty of the offence punishable under Section 55(i) of the Abkari Act and he is accordingly convicted for the offence under Section 55(i) of the Abkari Act. According to the learned Sessions Judge, as the accused is convicted under Section 55(i) and the offence under Section 55(i) takes in the ingredients of offence under Section 55(a), the accused is acquitted under Section 55(a) of the Abkari Act. On such conviction, the accused is sentenced to undergo rigorous imprisonment for a period of one year and to pay fine of Rupees One Lakh and in default, to undergo simple imprisonment for a period of four months. Set off is allowed under Section 428 of the Cr.P.C. Challenging the above finding, conviction and sentence, the accused in the above Sessions case preferred the present appeal.

(3.) I have heard Sri.C.M.Tomy, learned counsel appearing for the appellant and Sri.T.M.Sheeba, the learned Public Prosecutor.