VIKRAMAN 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 ('the Act' for short) in S.C. 698/2006 of the Court of Session, Pathanamthitta.

(2.) The prosecution case is that, at about 4.45 p.m. on 3.12.2004, the accused was found possessing 11/2 litres of arrack in a plastic can. On seeing the Police party led by the Sub Inspector of Police, Pulikeezhu, the accused abandoned the plastic can containing arrack, and he ran off and escaped. When the Sub Inspector examined the plastic can, he found 11/2 litres of arrack therein. It was seized as per a mahazar. On the basis of the seizure, and also on the basis of the details given by the witnesses, who witnessed the incident, the Sub Inspector registered the F.I.R against the accused. The Sub Inspector himself investigated the case and submitted final report also 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, 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 four witnesses in the trial court and proved Exts.P1 to P9 documents. The M01 and M02 properties were also identified during trial. The accused denied the incriminating circumstances and projected a defence that he has nothing to do with the property involved in this case, when examined under Section 313 Cr.P.C., 1973 He did not adduce any evidence in defence.