V RAGHAVAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him under Section 55(a) of the Kerala Abkari Act (hereinafter referred to as "the Act") in S.C.No. 371 of 2001 of the Court of Session, Kozhikode. He faced prosecution before the learned Third Additional Assistant Sessions Judge, Kozhikode, on the allegation that at about 12.45 p.m., on 13.06.1997, he was found carrying 18 litres of Indian Made Foreign Liquor contained in 24 bottles. The offence was detected by a Preventive Officer of the Feroke Excise Range. He arrested the accused, and seized the contraband articles as per a mahazar. When he produced the accused and the properties at the Excise Range Office, another Preventive Officer registered the crime and occurrence report, claiming to be in charge of the Excise Inspector, he conducted initial investigation, and produced the properties in court. Thereafter, the Excise Inspector took over investigation, and submitted final report in court.

(2.) The accused appeared before the learned trial judge, and pleaded not guilty to the charge framed against him under Section 55(a) of the Act. The prosecution examined 5 witnesses in the trial court, and proved Exts. P1 to P7 documents. The MO1 to MO4 properties were also identified during trial.

(3.) When examined under Section 313 Cr.P.C., the accused denied the incriminating circumstances, and projected a defence that a bag containing liquor bottles, abandoned by a person, was used by the Excise Preventive Officer who foisted a false case against him. To prove this, he examined DW1 in defence.