DEVU Vs. EXCISE CIRCLE INSPECTOR TIRUR

JUDGEMENT

(1.) Accused in C.C. 161/79 on the file of the Judicial First Class Magistrate's Court, Tirur is the petitioner in this revision petition. She was charged with offence punishable under S.55(a) of the Abkari Act. The learned Magistrate after trial found her guilty of the said offence and convicted her thereunder. Thereupon she was sentenced to undergo simple imprisonment for 6 months and to pay a fine of Rs. 1000/-. In default of payment of fine she was directed to undergo simple imprisonment for three months. The said conviction and sentence were challenged in Crl. Appeal. No. 46/80 before the Sessions Court, Manjeri. The learned Sessions Judge by judgment dated 15-3-1982 confirmed the conviction, but altered the sentence to one of fine. The accused was directed to pay a fine of Rs. 2500/- and in default of payment of fine to suffer simple imprisonment for a period of three months. Hence this revision petition.

(2.) The learned counsel appearing for the revision petitioner raised two points before me. They are:

(3.) When a person is charged with an offence punishable under S.55, as per the provision contained in S.64 the court has to presume that the accused person has committed the offence charged against him until the contrary is proved. In other words, the accused has to disprove the fact that he has not committed an offence punishable under S.55 of the Act. No such evidence is let in by the accused in this case. Relying on the evidence of P.Ws 1 to 3 and on account of the presumption under S.64 of the Abkari Act, the court has only to find that the accused has committed the offence punishable under S.55 of the Act. Thus the conviction entered by the courts below has only to be confirmed and I do so. Point No. 1 is thus found against the revision petitioner.