KALLIANI Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant herein challenges the conviction and sentence against her under Section 55 (g) of the Kerala Abkari Act (for short "the Act") in S.C 623/2008 of the Court of Session, Kozhikode.

(2.) The prosecution case is that, at about 12.30 p.m on 22.2.2002, at Vattomparambath within the limits of the Chelannur Excise Range, the appellant was found possessing 8 litres of wash meant for distillation of arrack, contained in a plastic bucket of 10 litres capacity. The offence was detected by a Preventive Officer of the Chelannur Excise Range. The quantity of wash was seized as per mahazar by the Preventive Officer at the spot of detection, and he produced the properties before the Excise Range Office without any delay. The accused was not arrested on the spot because there was no woman officer in the excise party led by the detecting officer. On the basis of the seizure reported, another Preventive officer of the Range registered crime and occurrence report and an Crl.A No.536 of 2009 Excise Inspector conducted investigation. After investigation, he submitted final report in court. After complying with the procedure prescribed under the law, the learned Magistrate committed the case to the Court of Session from where it was made over to the learned Additional Sessions Judge (Adhoc-I), Kozhikode for trial and disposal.

(3.) The accused appeared before the trial court and pleaded not guilty to the charge framed against her under Section 55 (g) of the Act. The prosecution examined six witnesses and proved Exts.P1 to P6 documents. The MO1 plastic bucket was also identified during trial. The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C. She did not adduce any evidence in defence.