SHAJI, C Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant, accused in S.C.No.546/2001 on the file of the Court of the Addl. Sessions Judge for the Trial of Abkari Act Cases, Neyyattinkara, was charge-sheeted for the offence punishable under S.55(a) of the Abkari Act on the allegation that he was found in possession of 5 litres of illicit arrack in a 5 litre can. He was arrested and the contraband article was seized. To prove the charge against the appellant, the prosecution examined PW 1 to PW 4 and Exts.P1 to P7 were marked. MO1 was also marked. After closing the prosecution evidence, the appellant was questioned under S.313 CrPC. He denied the allegation levelled against him. However, on accepting the prosecution evidence, the Trial Court found the appellant guilty under S.58 of the Abkari Act and he was convicted thereunder and sentenced to undergo rigorous imprisonment for two years and a fine of Rs. 1,00,000/- with default sentence of a rigorous imprisonment for a period of three months. The above conviction and sentence are under challenge in this appeal.

(2.) This Court heard learned counsel for the appellant as well as the learned Public Prosecutor.

(3.) Firstly, the learned counsel for the appellant submits that the court below went wrong in finding that the appellant was guilty under S.58 of the Abkari Act, as there was no charge against the appellant under the above section. Secondly, the learned counsel submits that the Trial Court went wrong in accepting the evidence adduced by the Excise officials. Thirdly, the learned counsel submits that the Excise officials are violated the provisions of S.53 of the Abkari Act and the provisions of the Excise Manual while seizing the contraband article, taking the sample for analysis.