RAJESH Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant herein is the first accused in SC 23/2009 of the Court of Session, Kollam. He challenges the conviction and sentence against him under Section 55 (a) of the Kerala Abkari Act. ('the Act' for short). He and two others faced prosecution before the court below, on the allegation that at about 12.30 a.m on 15.10.2003 at Kochalumoodu Junction, the appellant and two others were found transporting a quantity of 280 litres of spirit contained in eight cans of 35 litres of capacity in the Jeep No.KL-01-L5404. It is alleged that on suspicion, the police party led by the Excise Inspector, Karunagappally chased the said vehicle, and after a few minutes of chasing, the three persons stopped the vehicle, and they ran off. Though the three persons including the driver ran off, one was caught by the Excise team. He is said to be the present appellant. On interrogation by the Excise Inspector, the appellant stated that the quantity of spirit was in fact transported by the driver of the vehicle for one Radhakrishna Kurup, and that he was in fact taken by the 1st accused on the way, for a company. Anyway, the Excise Inspector arrested the present appellant, and he was produced before the court on the same day along with the properties. The other two accused were later arrested by the Investigating Officer. Another Excise Inspector registered the crime and produced the properties before the Range Office, and investigation was taken over by the Circle Inspector of Excise, Karunagappally. After investigation, the Excise Inspector submitted final report in court.

(2.) The appellant and the two others appeared before the learned Additional Sessions Judge (Adhoc) II, Kollam, and pleaded not guilty to the charge framed against them under Section 55 (a) of the Act. The prosecution examined eight witnesses and proved Exts.P1 to P14 documents. The accused examined one witness in defence to prove the case that he was in fact in his house on 15.10.2003.

(3.) On an appreciation of the evidence, the trial court found the first accused guilty under Section 55 (a) of the Act, and found the other two accused not guilty. Accordingly, they were acquitted, but the 1st accused was convicted under Section 55 (a) of the Act. On conviction, he was sentenced to undergo rigorous imprisonment for three years and to pay a fine of 1,00,000/- (Rupees One lakh only) by judgment dated 27.2.2012. Aggrieved by the said judgment of conviction, the 1st accused has come up in appeal.