VIJAYAN Vs. THE EXCISE INSPECTOR

JUDGEMENT

(1.) The revision petitioner herein is the accused in S.C. 22/02 of the Court of Session, Kozhikode. He faced prosecution before the First Additional Assistant Sessions Judge, Kozhikode under Section 55(a) of the Kerala Abkari Act (for short' the Act"), on the allegation that at about 6.10 p.m on 31.10.1999, he was found possessing 1.5 litres of arrack in a plastic can of 2.5 litres capacity. The offence was detected by a Preventive Officer of the Kunnamangalam Excise Range. He arrested the accused on the spot, and seized the plastic can containing arrack as per a mahazar. On the basis of the seizure made by the Preventive Officer, the Excise Inspector registered the crime and occurrence report, and investigated the case. Another Excise Inspector submitted final report in court.

(2.) The accused appeared before the learned trial Judge and pleaded not guilty to the charge framed against him. The prosecution examined six witnesses in the trial court and proved Exts. P1 to P5 documents. The MO1 plastic can was also identified during trial. The accused did not adduce any evidence in defence. However, he denied the incriminating circumstances when examined under Section 313 Cr.P.C.

(3.) On an appreciation of the evidence, the trial court found the accused guilty. On conviction he was sentenced to undergo simple imprisonment for four years and to pay a fine of 1 lakh by judgment dated 28.6.2003. Aggrieved by the judgment of conviction, the accused preferred appeal before the Court of Session as Crl.A.361/2003. In appeal, the learned Sessions Judge confirmed the conviction and sentence, and accordingly dismissed the appeal by judgment dated 20.1.2005. Now the accused is before this court in revision.