VELAYUDHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein is the accused in S.C No.349/2000 of the Court of Session, Kozhikode. He faced prosecution before the court below on the allegation that at about 2.30 p.m on 12.11.1999, he was found possessing 1.50 litres of arrack in a plastic can of 5 litres capacity. The offence was detected by a Preventive Officer of the Feroke Excise Range. He arrested the accused on the spot, and seized the plastic can containing arrack as per a mahazar. Investigation was taken over by the Excise Inspector and after investigation, he submitted final report in court.

(2.) The accused appeared before the learned First Additional Asst. Sessions Judge, Kozhikode, and pleaded not guilty to the charge framed against him under Sections 55 (a) and 8(2) of the Kerala Abkari Act ('the Act' for short).

(3.) The prosecution examined four witnesses in the trial court and proved Exts.P1 to P7 documents. The MO1 property was also identified during trial. When examined under Section 313 Cr.P.C, the accused denied the incriminating circumstances. He did not adduce any oral evidence in defence. However, Ext.D1 was marked on his side.