RAJU Vs. THE STATE OF KERALA

JUDGEMENT

(1.) The appellant herein challenges the conviction and sentence against him under Section 8(2) of the Kerala Abkari Act ('the Act' for short) in S.C 459/2013 of the Court of Session, Pathanamthitta.

(2.) The prosecution case is that, at about 8.00 p.m on 29.8.2008 at Vadasserykara within the limits of the Chittar Excise Range, the appellant was found possessing one litre of arrack contained in a plastic bottle. The offence was detected by the Excise Inspector of Chittar Excise Range. He arrested the accused on the spot, and seized the plastic bottle containing arrack. On the basis of the arrest and seizure, he registered the crime and occurrence report. Investigation was taken over by another Excise Inspector and he 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 II, Pathanamthitta 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 and proved Exts.P1 to P9 documents. The MO1 property was also identified during trial. At the instance of the prosecution, Ext.C1 was also proved. The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C. He did not adduce any evidence in defence. Aggrieved by the said judgment of conviction, the accused has come up in appeal. On an appreciation of the evidence, the trial court found the accused guilty under Section 8 (2) of the Act. On conviction, he was sentenced to undergo rigorous imprisonment for one year, and to pay a fine of 1,00,000/- by judgment dated 6.2.2015.