EUIGEN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is against the judgment, conviction and sentence in S.C.No.27/2003 dated 4/10/2004 of the Additional District and Sessions Judge Fast Track (Adhoc II) Kozhikode, by which the appellant was convicted for offences punishable under section 55 (a) of Abkari Act.

(2.) The case of the prosecution was that on 15/5/2001 at about 10.10.a.m., while PW1, who was the Additional Sub Inspector of Payyoli Police Station, along with PW4, the principal S.I. of the same police station, and party were conducting regular checking of the vehicles proceeding along the National Highway, a bus was intercepted and the accused alighted through the rear door. He was carrying two bags on each arm. On getting suspicious, he was intercepted and a search was conducted. It revealed that each bag contained 24 bottles containing 375ml of IMFL. After the initial formalities and preparation of the seizure mahazar, arrest memo and search memo, the accused was arrested. He was taken to the police station and the crime was registered. PW4 took over the investigation and after completion of the investigation, laid the charge for offences punishable under Section 55 (a) of the Abkari Act and Rule 9 of the Foreign Liquor Rules. The accused appeared before the Sessions Court and pleaded not guilty. Thereupon, the prosecution led oral evidences of PW1 to PW5 and Exts.P1 to P9 were marked. MO1 and MO2 series were identified. There was no defence evidence. The court below, on an appreciation of the available inputs, found the accused guilty, convicted and sentenced to undergo three years rigorous imprisonment and to pay a fine of Rupees One Lakh and in default, to undergo Simple Imprisonment for six months.No separate sentence was awarded for offence punishable under Rule 9 of the Foreign Liquor Rules.

(3.) Aggrieved by the conviction and sentence, the accused has preferred this appeal. Heard and examined the records.