SUDHEESH KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellants challenge the conviction and sentence against them under section 55(a) of the Kerala Abkari Act ('the Act' for short) in S.C 159/2010 of the Court of Session, Palakkad.

(2.) The prosecution case is that, at about 10.30 a.m on 24.3.2009, they were found transporting a huge quantity of 1120 litres of spirit contained in 35 plastic jars in the vehicle No.TN63V.2914. They were arrested on the spot by the Circle Inspector of Excise, Chittoor, and the contraband articles including the vehicle were seized as per mahazar. The Circle Inspector in turn produced the properties and the accused in the Excise Range Office, where an Assistant Excise Inspector registered the crime. He also produced the properties before the Deputy Commissioner of Excise. Investigation was taken over by an Excise Inspector of the Palakkad Excise Enforcement and Anti-Narocotic Special Squad, and he also submitted final report in court. After complying with the procedure, the case was committed to Crl.A No.973 of 2012 the Court of Session by the committal court, and the case was later made over to the learned Additional Sessions Judge (Adhoc No.1), Palakkad for trial and disposal.

(3.) The accused appeared before the trial court and pleaded not guilty to the charge framed against him under Section 55(a) of the Act. The prosecution examined seven witnesses including the Detecting Officer and proved Exts.P1 to P16 documents. MO1 to MO3 properties were also identified during trial. When examined under Section 313 Cr.P.C, the accused denied the incriminating circumstances. They did not adduce any evidence in defence. However, Ext.D1 contradiction in the statements of witnesses was proved.