SUKUMARAN Vs. STATE OF KEARLA

JUDGEMENT

(1.) The instant revision is preferred by the sole accused in C.C.No.445/1997 on the files of the Judicial First Class Magistrate Court - I, Attingal. The said case was taken cognizance by the learned Magistrate on the basis of the complaint filed by the Preventive Officer, Excise Range office, Chirayinkeezh alleging offence punishable under section 58 of the Abkari Act as against the petitioner.

(2.) The case of the prosecution is that, on 16.08.1996 at 11.15 a.m., the petitioner was found carrying 3 litres of illicit arrack in a 10 litre plastic can. The offence was detected by PW1 - the Excise Inspector, Chirayinkeezh.

(3.) On the accused pleading not guilty to the charge framed as against him by the court below, the prosecution was permitted to adduce evidence and they have examined PWs 1 to 5 through whom Exts.P1 to P3 were marked. MO1 was also got identified. After the closure of prosecution evidence, the incriminating materials arising out of the prosecution evidence was put to the accused under section 313 of Code of Criminal Procedure. He denied the same and maintained his innocence. Since the learned Magistrate did not consider that the case is one of no evidence, the accused was called upon to enter upon his defence. The accused examined DW1 on his side.