SURESH Vs. EXCISE INSPECTOR; STATE OF KERALA

JUDGEMENT

(1.) This Criminal Revision Petition is preferred by the petitioner challenging the concurrent findings entered into against him by the courts below under section 55(a) of the Abkari Act.

(2.) The gist of the prosecution allegation is that on 15.10.1996 at 6.15 p.m., while PW1, the Excise Circle Inspector, was on patrol duty, he received information that Indian Made Foreign Liquor was kept in a Hotel by name 'Surabhi' at Kachery amsom. The petitioner was found sitting in the cash counter of the hotel, by PW1 and when the hotel was searched, 3 bottles of 500 ml capacity and 2 bottles of 375 ml capacity containing Indian Made Foreign Liquor was found placed near to the legs of the accused. Sample was taken and the contraband materials were seized. The petitioner was arrested and the articles were taken into custody as per Ext.P2 mahazar. The case records and the contraband were produced before the Kozhikode Excise Range Office. Later, Crime No.66/1996 was registered and after investigation, a complaint was laid before the learned magistrate under section 50 of the Kerala Abkari Act.

(3.) The prosecution in its endeavour to prove its case, examined PWs 1 to 4 through whom Exts.P1 to P5 were marked. MOs 1 to 11 were produced and identified. The trial court found the petitioner guilty and he was sentenced to undergo Simple Imprisonment for a period of 2 years and to pay a fine for Rs.25,000/- and in default of payment of fine to undergo simple imprisonment for 6 months. Appeal preferred before the Court of Sessions was dismissed as per judgment dated 03.03.2003. It is against the above concurrent findings that the petitioner is here in revision.