SUNIL D SOUZA Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in S.C.No.356/2011 on the file of the Additional District & Sessions Court (Ad-Hoc) III, Kasargode, is the appellant. The appeal is directed against the judgment dated 23.3.2012. The accused is charged alleging commission of offence punishable under Section 58 of the Abkari Act. The court below found that the accused is guilty of the offence punishable under section 58 of the Kerala Abkari Act and is convicted and sentenced to undergo imprisonment for 4= years and to pay Rs. 1 Lakh and in default of payment of fine to undergo rigorous imprisonment for a further period of three months. Parties hereinafter are referred to as arrayed in the sessions case.

(2.) Prosecution case is that the auto rickshaw ridden by the accused bearing Registration No.KL-14C-7883 was examined by the Inspector of Police, Kumbla from the public road around 8:15 pm on 8.2.2006 and found out 3300 sachets of arrack (100 ml each), the sale of which was restricted in the State of Karnataka, kept in 12 different plastic bags inside the auto rickshaw.

(3.) The Circle Inspector of Police, Kumbla suo motu registered the crime against the accused. The accused was taken into custody at the time of detection of the crime. To establish the charges imputed against the accused, prosecution has examined five witnesses as PWs 1 to 5 and marked Exts.P1 to P8. When questioned under Section 313 (1)(b) Cr.P.C, the accused denied the seizure of sachets of arrack from the auto rickshaw driven by him. The court below examined the three points which arise for consideration. PW1 was the Inspector of Police, Kumbla, who is the detecting officer. PW2 is a Senior Civil Police Officer, who was also present along with PW1 at the time of detection. PW3 is a witness to Ext.P6 seen mahazar. PW4 was the Sub Inspector of Police, Kumbla Police Station, who conducted investigation and PW5 is the predecessor in office of PW4. The court below at length considered the evidence in the case. After considering the entire evidence on record, facts and circumstances in the case the court below concluded that while the accused was illegally transporting 3300 sachets of arrack, the sale of which was restricted in the State of Karnataka, in the auto rickshaw bearing Reg.No.KL-14C-7883 which was taken into custody by PW1. The court below found that in the circumstance, presumption under Section 64 can be drawn against the accused in this case. The court also found the arrack seized in this case from the possession of the accused was solely meant for sale in the State of Karnataka and that the accused illegally transported it into Kerala in the auto rickshaw ridden by him. On the facts and evidence, the court found that the prosecution evidence is sufficient to establish the offence under section 58 of the Abkari Act against the accused. The accused is found guilty of the offence punishable under the said Section and convicted and sentenced. The court below imposed sentence of rigorous imprisonment for 4= years and to pay of Rs. 1 Lakh and in default of payment of fine to undergo rigorous imprisonment for a further period of three months. On an evaluation of the facts and evidence, the prosecution has succeeded in establishing the commission of offence punishable under Section 58 of the Abkari Act against the accused. There is no factual error or legal infirmity in passing the impugned judgment. No sustainable grounds are made out for interference in appeal.