SHIJO DAS Vs. STATE OF KERALA

JUDGEMENT

(1.) This revision is at the instance of the 1st accused in SC No.79 of 2011 on the file of Assistant Sessions Judge, Thiruvalla, assailing the judgment in Crl.Appeal No.152 of 2012 on the file of Additional District and Sessions Judge (Ad hoc) Court-I, Pathanamthitta, which upheld his conviction and sentence under Ss. 8(1) and 8(2) of the Abkari Act.

(2.) Prosecution case is that, on 1/7/2007, at about 8.25 a.m, the revision petitioner was found carrying a 5 litre black can containing 4.5 litres of illicit arrack, and the 2nd accused was found following him. PW1, the preventive officer, and excise party detected the offence. On seeing the excise party, the 2nd accused ran away, and so, he could not be arrested. PW1 arrested the revision petitioner, seized the contraband and prepared arrest memo, seizure mahazar etc. PW3 registered the crime, investigated the case and laid charge against the revision petitioner and the 2nd accused under Ss. 8(1) and (2) of the Abkari Act. The 2nd accused was absconding and so, his case was split up and re-filed by the trial court.

(3.) The trial court framed charge against the revision petitioner under Sec. 8(1) and 8(2) of the Abkari Act. He pleaded not guilty and claimed to be tried. PWs 1 to 4 were examined, Exts.P1 to P9 were marked and M.O 1 was identified from the side of the prosecution. During 313 examination, the revision petitioner denied all the incriminating materials brought on record. DW1 was examined from his side.