NARAYANAN Vs. STATEOF KERALA

JUDGEMENT

(1.) Accused in SC 224/2001 on the file of the Additional Sessions Court Fast Track No.I, Manjeri is the appellant herein. The appellant was charge sheeted by the Excise Inspector, Manjeri Excise Range in CR No.10/1998 of that Excise Range under Section 55(a) of the Abkari Act (ought to be under Section 8(1) of the Abkari Act).

(2.) The case of the prosecution in nutshell was that on 2.7.1998, at about 6.10 pm, the accused was found to be in possession of 2 litres of illicit arrack in 2 = litres capacity can at Kolakkathiri and found transitting the same through the public place in violation of the provisions of the Abkari Act and thereby he had committed the offence punishable under Section 55(a) of the Abkari Act (ought to be under Section 8(1) of the Abkari Act). After investigation, final report was filed before the Judicial First Class Magistrate Court, Manjeri, where it was taken on file as CP No.17/2001. After complying with the formalities, the learned Magistrate committed the case to the Sessions Court Manjeri. After Committal, the learned Sessions Judge took cognizance of the case as SC No.224/2001 and made over the case to Additional Sessions Court, (Adhoc-I) Manjeri for disposal.

(3.) When the accused appeared before the court below, after hearing both sides, charge under Section 55 (a) of the Abkari Act (ought to be under Section 8(1) of the Abkari Act) was framed and the same was read over and explained to him and he pleaded not guilty. In order to prove the case of the prosecution, PWs 1 to 6 were examined and Exts.P1 to P8 and MO1 were marked on their side. 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 been taken from his Tea shop and falsely implicated in the case. 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(a) of the Abkari Act and convicted him thereunder and sentenced him to undergo rigorous imprisonment for three years and also to pay a fine of Rs.1,00,000/- in default to undergo simple imprisonment for one year more. Aggrieved by the same, the present appeal has been preferred by the appellant/accused before the court below.