JINTO Vs. STATE OF KERALA

JUDGEMENT

(1.) This revision is at the instance of the accused in S.C. No.452 of 2012 on the file of Additional Assistant Sessions Judge-I, North Paravur, assailing the judgment in Crl.Appeal No.21 of 2014 on the file of Additional District and Sessions Judge, North Paravur, which upheld his conviction and sentence under Ss. 8(1) and 8(2) of the Abkari Act.

(2.) The prosecution case is that, on 17/6/2006 at 12.00 noon, the revision petitioner was found in possession of 7 litres of illicit arrack in a 10 litre can, at his residential house. PW8-the Circle Inspector of Excise Range, Paravur, and excise party detected the offence while on patrol duty, on getting secret information that illicit arrack had been kept in the house of the revision petitioner. PW9 investigated the case and laid charge sheet against the revision petitioner under Ss. 8(1) and 8(2) of the Abkari Act.

(3.) On appearance of the revision petitioner before the trial court, charge was framed under Ss. 8(1) and 8(2) of the Abkari Act, read over and explained, to which he pleaded not guilty and claimed to be tried. PWs.1 to 9 were examined, Exts.P1 to P15 were marked and MO1 was identified from the side of prosecution, to prove its case.