PULUTHIVAYAL VEETTIL SUKUMARAN Vs. EXCISE INSPECTOR, KOZHIKODE RANGE

JUDGEMENT

(1.) The revision petitioner herein is the accused in C.C No.559/1997 of the Judicial First Class Magistrate Court -IV, Kozhikode. He along with another person faced prosecution in the court below under Section 55(a) of the Kerala Abkari Act (for short "the Act"), on the allegation that at about 7 p.m on 12.7.1996, they were found possessing huge quantity of arrack at the House No.38/349 of the Kozhikode Corporation. The offence was detected by a Preventive Officer of the Kozhikode Excise Range. He arrested the accused, and seized the contraband articles as per a search list and mahazar. On the basis of the seizure, the Preventive Officer himself registered the crime and occurrence report, and investigation was taken over by an Excise Inspector. After investigation, he submitted submitted final report in court.

(2.) The accused appeared before the learned Magistrate and pleaded not guilty to the charge framed against him under Sections 55(a) of the Act.

(3.) The prosecution examined four witnesses in the trial court, and proved Exts.P1 to P8 documents. The MO1 to MO3 properties were also identified during trial. The accused denied the incriminating circumstances and projected a defence that he has no connection with the house search by the Excise Officials, and that he has nothing to do with the quantity of arrack seized by the Excise Preventive Officer. He did not adduce any evidence in defence.