C. NARAYANAN Vs. THE STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein is the accused in S.C 975/2000 of the Court of Session, Kasaragod. He faced prosecution before the learned Assistant Sessions Judge, Hosdurg under Section 55 (g) of the Kerala Abkari Act (for short" the Act"), on the allegation that at about 4 p.m on 25.8.1998, he was found possessing 20 litres of wash in a plastic can of 30 litres capacity. The offence was detected by an Excise Inspector of the Special Squad, Kasaragod.

(2.) The prosecution examined seven witnesses in the trial court, and proved Exts.P1 to P9 documents. The MO1 property was also identified during trial. The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C. He did not adduce any evidence in defence.

(3.) On an appreciation of the evidence, the trial court found the accused guilty. On conviction, he was sentenced to undergo simple imprisonment for one year, and to pay a fine of 1 lakh by judgment dated 28.11.2005. Aggrieved by the judgment of conviction, the accused approached the Court of Session, Kasaragod with Crl.A 370/2005. In appeal, the learned Sessions Judge confirmed the conviction, but modified and reduced the sentence. Accordingly, the substantive sentence was reduced to simple imprisonment for three months by judgment dated 17.11.2006. Now the accused is before this Court in revision.