SHAMSUDEEN Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused in SC 227/2001 on the file of the Additional Sessions Court (Adhoc-II), Alappuzha is the appellant herein. The appellant was charge sheeted by the Excise Inspector, Mavelikkara in Crime No.58/1998 of Mavelikkara Excise Range under Section 55(g) of the Abkari Act.

(2.) The case of the prosecution in nutshell was that on 11.8.1998, at about 12.15 pm, the accused was found to be in possession of 30 litres of wash, a material used for manufacturing illicit arrack in a 35 litres plastic can near the house of one Kochuveettil Maniamma in violation of the provisions of the Abkari Act and thereby he had committed the offence punishable under Section 55(g) of the Abkari Act. After investigation, final report was filed before the Judicial First Class Magistrate Court, Kayamkulam, where it was taken on file as CP.16/2001. After complying with the formalities, the learned Magistrate committed the case to Sessions Court, Alappuzha under Section 209 of the Code of Criminal Procedure (hereinafter referred to as the Code). After committal, the case was taken on file by the Sessions Judge as SC 227/2001 and the same was made over to Additional Sessions Court, (Adhoc-II), Alappuzha for disposal.

(3.) When the accused appeared before the court below, after hearing both sides, charge under Section 55 (g) of the Abkari Act was framed and same was read over and explained to him and he pleaded not guilty. In order to prove the case of the prosecution, PWs1 to 7 were examined and Exts.P1 to P3 and MO1 were marked on the side of the prosecution. After closure of the prosecution evidence, the accused was questioned under Section 313 of the Code and he denied all the incriminating circumstances brought against him in the prosecution evidence. He had further stated that he had not committed any offence and he has been falsely implicated in the case and no article was seized from his possession. Since the evidence in this case did not warrant an acquittal under Section 232 of the Code, the accused was called upon to enter on his defence, but no defence evidence was adduced on his side. After considering the evidence on record, the court below found the appellant guilty under Section 55(g) of the Abkari Act and convicted him thereunder and sentenced him to undergo rigorous imprisonment for two years and also to pay a fine of Rs.1,00,000/- in default to undergo rigorous imprisonment for 3 months more. Aggrieved by the same, present appeal has been preferred by the appellant/accused before the court below.