BINESH Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment dated 22.05.2009 of the Additional Court of Sessions, Thrissur (Fast Track Court-II (Ad-Hoc) (for short 'the court below') in ST No.479/2008. The appellant is the sole accused in the said case. He was charge sheeted by the C.I. of Excise, Excise Range, Thrissur for the offence punishable under Section 55(a) of the Abkari Act (for short 'the Act'). After trial, he was found guilty by the court below for the offence under Section 55(a) of the Act and accordingly, convicted and sentenced to undergo simple imprisonment for three years and to pay fine of '1,00,000/- and in default to undergo simple imprisonment for one more year. The aggrieved accused has approached this court in the captioned appeal.

(2.) The case of the prosecution was that on 10.05.2004 at about 12.20hrs., while the Excise Circle Inspector and his fellow Excisemen were on patrol duty through a road leading to Puthoorkovu Parackal Temple at Mannuthi, Ollookkara village in Thrissur Taluk, the accused was found loading a sack in a motor cycle bearing Reg.No.KL-07/K-3300. On watching the officials, the accused ran off from the scene of incident abandoning the vehicle and sack there. He was chased by the officials, but could not be caught. The sack found in the motor cycle was inspected by the officials in the presence of some independent witnesses gathered there and was found to contain 19 bottles each having the capacity of 375 ml. and containing liquor. The liquor in the bottles was identified as illicit liquor on smelling and tasting by the officials. Two bottles out of the 19 bottles were taken as sample. The sample bottles along with the bottles containing the remnant liquor were sealed after affixing labels containing the signatures of the officials as well as the independent witnesses thereon. A seizure mahazar was prepared at the spot. The accused was arrested after complying with all the legal formalities. The samples, the remnant contraband and the accused along with the seizure mahazar prepared were forwarded to the office of the Excise Range Inspector. The Excise Range Inspector prepared the crime and occurrence report, the property list and the forwarding note. The contraband, along with the documents prepared, have been sent to the Judicial First Class Magistrate Court-III, Thrissur on 11.05.2004 and the same was received by the court on 12.05.2004. Investigation was conducted by the C.I. of Excise, Excise Range office, Thrissur. After receiving the chemical examination report and on concluding the investigation, a final report was laid by the C.I. of Excise before the Judicial First Class Magistrate Court-III, Thrissur, charge sheeting the accused for the offence punishable under Section 55(a) of the Act. The Magistrate committed the case to the Court of Sessions, Thrissur which made it over to the court below. After hearing the learned Public Prosecutor and the learned counsel appearing for the defence, charge was framed against the accused for the offence under Section 55(a) of the Act. The charge was read over and explained, for which the accused pleaded not guilty and faced trial.

(3.) During trial, the prosecution has examined six witnesses as Pws.1 to 6 , marked 14 documents as Exts.P1 to P14 and material objects as MO1 series and MO2 series. After closure of the evidence of the prosecution, the accused was questioned with reference to the incriminating circumstances brought in evidence by the prosecution. The accused denied all the incriminating circumstances so put, but raised a specific plea that he was falsely implicated by them in the case in question following a confrontation with the Excise Officials. Since no grounds were made out for entering into a finding of acquittal of the accused, he was asked to enter upon his defence. Neither any oral nor documentary evidence was let in by the accused.