ASOKAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE revision petitioner herein challenges the legality and propriety of the sentence against him under Section 55 (a) of the Kerala Abkari Act (hereinafter referred to as 'the Act' for short) punishable with imprisonment which may extend to two years and a minimum fine of 25,000/ - as it stood before the amendment. The alleged incident happened on 19.12.1996. The prosecution case is that at about 11.30 a.m on 19.12.1996 the revision petitioner was found possessing five litres of arrack contained in a plastic Can of 10 litres capacity. The offence was detected by the Sub Inspector of Police, East Kallada. The revision petitioner was caught by the Sub Inspector when he tried to run off and escape on seeing the police party. When the Sub Inspector seized and examined the plastic Can, it was found containing some liquid. The Sub Inspector identified it as arrack by taste and odour. The revision petitioner was arrested on the spot and the quantity of arrack was seized Crl.R.P No.1335 of 2006 2 as per mahazar. On the basis of the seizure, the Sub Inspector registered a crime against the revision petitioner, and he himself investigated the case and submitted final report in court.

(2.) THE revision petitioner entered appearance before the learned Judicial First Class Magistrate -I, Kollam and pleaded not guilty when the substance of accusation was read over and explained. The prosecution examined three witnesses in the trial court including the Detecting Officer, and also marked Exts.P1 to P4. The plastic can seized from the hands of the accused was marked as MO1 during trial. By way of defence evidence, two witnesses were examined on the side of the accused.

(3.) ON an appreciation of the evidence, the learned Magistrate found the revision petitioner guilty under Section 55(a) of the Act. On conviction thereunder, he was sentenced to undergo simple imprisonment for three months, and also to pay the minimum fine of 25,000/ -. Aggrieved by the conviction and sentence, he approached the Court of Session, Kollam with Crl.A No.12 of 2002. In Crl.R.P No.1335 of 2006 3 appeal, the First Additional Sessions Judge, Kollam concurred with the findings of the trial court, and confirmed the conviction and sentence.