JOMON Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant herein challenges the conviction and sentence against him under Section 55(a) of the Kerala Abakari Act (for short ' the Act') in S.C 357 of 2009 of the Court of Session, Palakkad.

(2.) The prosecution case is that, at about 5.00 p.m on 13.12.2007, at Keralaparambu within the Alathur Excise Range in Palakkad District, the appellant was found transporting 495 litres of spirit contained in 15 plastic cans in a Tata Indica car with pseudo No.KL-01-AH 3680. The offence was detected by the Excise Inspector of the Alathur Excise Range. He arrested the accused and seized the contraband articles including the vehicle as per a mahazar. The original registration number of the vehicle was later identified as KL-01B-1044. On the basis of the arrest and seizure, the Excise Inspector registered the crime and occurrence report. Without any delay, the accused and the samples were produced in court and the huge quantity of spirit contained in 15 cans was produced before the Assistant Excise Commissioner for necessary action under Section 53A of the Act. Investigation was taken over by another Excise Inspector. After closing the investigation, he submitted final report 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) II, Palakkad for trial and disposal.

(3.) The accused appeared before the trial court and pleaded not guilty to the charge frame against him under Section 55 (a) of the Act. The prosecution examined four witnesses in the trial court and proved Exts.P1 to P10 documents. The MO1 mobile phone seized from the possession of the accused was also identified during trial. When examined under Section 313 Cr.P.C, the accused denied the incriminating circumstances. He did not adduce any evidence in defence though opportunity was granted by the trial court.