SAKAVULLA Vs. STATE OF KERALA

JUDGEMENT

(1.) This revision petition is directed against a concurrent verdict of guilty, conviction and sentence in a prosecution under Section 55 (a) of the Abkari Act.

(2.) The crux of the allegations against the petitioner is that the petitioner, as driver of the lorry in question, transported (in the course of the attempt to illegally import) 96 x 180 ml. of I.M.F.L. from Karnataka to Kerala at 1.30 a.m. on 24.6.1998. The vehicle which the petitioner was driving, in which the second accused was allegedly the cleaner and the third accused, the owner, was ntercepted at the border check post in the Kerala - Karnataka boarder by the Excise officials including PW1, who effected the seizure of the contraband article under Ext.P3 seizure mahazar.

(3.) PW1 detected the offence. PW4 conducted the necessary enquiry/investigation and filed the charge sheet. Cognizance was taken and consequent to the plea of not guilty raised by the accused, the prosecution examined PWs. 1 to 4 and proved Exts.P1 to P8. MOs. 1 to 3 series were also marked.