AMBIKA Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in SC No. 941/2000 on the file of the Additional Sessions Court for the trial of Abkari Act Cases, Neyyattinkara is the appellant herein. The appellant was charge -sheeted by the Excise Inspector, Thirupuram Excise Range in Crime No. 48/1998 under Sec. 58 of the Abkari Act (it could be only a mistake as it ought to be under Sec. 8(1) read with Sec. 8(2) of the Abkari Act). The case of the prosecution in nutshell was that on 24/09/1998, at about 2 p.m, the appellant was found to be in possession of 7 litres of arrack in MO 1 cannas and found transiting the same along the western side of Kulathoor -Uchakkada road in front of Uchakkada Roman Catholic Church, Kulathoor in violation of the provisions of the Abkari Act and thereby by she had committed the offence mentioned above.

(2.) After investigation, final report was filed before the Judicial First Class Magistrate Court -ll, Neyyattinkara and the learned Magistrate had committed the case to Sessions Court, Thiruvananthapuram as per order in CP No. 16/2000 under Sec. 209 of the Code of Criminal Procedure (hereinafter referred to as 'the Code'). After committal, the Sessions Court took cognizance of the case as SC No. 941/2000 and made over the case to the Additional Sessions Court for trial of Abkari Cases, Neyyattinkara for disposal.

(3.) When the appellant appeared before the Court below, after hearing both sides, charge under Sec. 58 of the Abkari Act was framed against her and the same was read over and explained to her and she pleaded not guilty. In order to prove the case of the prosecution, PWs 1 to 5 were examined and Exts. P1 to P6 and MO1 were marked on their side. After closure of the prosecution evidence, the appellant was questioned under Sec. 313 of the Code and she denied all the incriminating circumstances brought against her in the prosecution evidence. She had further stated that she had not committed any offence and she has been falsely implicated in the case. Since the evidence in this case did not warrant an acquittal under Sec. 232 of the Code, the learned Additional Sessions Judge directed the appellant to enter on her defence, but no defence evidence was adduced on her side. After considering the evidence on record, the Court below found the appellant guilty under Sec. 58 of the Abkari Act and convicted her thereunder and sentenced her to undergo rigorous imprisonment for two years and also to pay a fine of Rs. One lakh, in default to undergo simple imprisonment for three months. Aggrieved by the same, the present appeal has been preferred by the appellant/accused before the Court below.