YASODHA D/O. KOCHUPENNU Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant herein challenges the conviction and sentence against her under Section 8(2) of the Kerala Abkari Act ('the Act' for short) in 452/2009 of the Court of Session, Kollam.

(2.) The prosecution case is that, at about 11.45 a.m on 16.2.2007, at Muzhangodi Muri in Thodiyoor village within the limits of the Karunagappally Excise Range, the appellant was found possessing 10 litres of arrack in a plastic can. The offence was detected by a Preventive Officer of the Excise Range. The accused was not arrested on the spot by the Detecting Officer, but the quantity of arrack was seized as per a mahazar. On the basis of the seizure, the Preventive Officer himself registered the crime and occurrence report. Investigation was taken over by the Excise Inspector, and after investigation, he submitted final report in court. On committal, the case came up before the learned Additional Sessions Judge (Adhoc) I, Kollam for trial and disposal.

(3.) The accused appeared before the trial court and pleaded not guilty to the charge framed against her under Section 8 (2) of the Act. The prosecution examined three witnesses and proved Exts.P1 to P6 documents. The plastic can allegedly containing arrack had been by the time produced before the Deputy Commissioner of Excise. When examined under Section 313 Cr.P.C, the accused denied the incriminating circumstances. She did not adduce any evidence in defence.