PRAKASH THANKAPPAN,KALLARUVELI HOUSE Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant herein challenges the conviction and sentence against him under Section 8 (2) of the Kerala Abkari Act (for short "the Act") in S.C 251/2010 of the Court of Session, Thodupuzha.

(2.) The prosecution case is that, at about 6.00 p.m on 30.03.2009, at the property of one Jaison in Chinnakanal, the appellant was found selling arrack. The offence was detected by the Sub Inspector of Police, Santhanpara. He arrested the accused on the spot, and also seized a plastic can containing two litres of arrack. A bottle of 180 ml capacity with arrack and a glass used by the accused for serving arrack were also seized by the Sub Inspector. On body search of the accused, the Sub Inspector seized some currency notes, and also a mobile phone. The accused and the properties were produced at the Police Station without any delay, where the Sub Inspector registered the F.I.R. He conducted investigation and also submitted final report in court. On committal, the case came up before the Court of Session, from where it was made over to the learned Additional Sessions Judge (Adhoc-I), Thodupuzha for trial and disposal.

(3.) The accused appeared before the trial court and pleaded not guilty to the charge framed against him under Section 8 (2) of the Act. The prosecution examined five witnesses in the trial court and proved Exts.P1 to P12 documents. Ext.X1 document was also proved at the instance of the prosecution. The MO1 to MO5 properties were also identified during trial. The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C, and projected a defence that nothing was in fact seized from his possession, and that he was taken into custody from his house. In defence, the accused examined his mother as DW1. She stated that the accused was in fact taken into custody from his house.