SIVARAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein is the accused in S.C 80/2000 of the Court of Session, Alappuzha. He faced prosecution before the learned Additional Assistant Sessions Judge, Alappuzha under Section 55 (a) of the Kerala Abkari Act ("the Act" for short) on the allegation that at about 10.30 a.m on 11.01.1999, he was found possessing 1.5 litres of arrack contained in a plastic bottle. The offence was detected by a Preventive Officer of the Kayamkulam Excise Range. He arrested the accused and seized the arrack bottle as per a mahazar. On the basis of the arrest and seizure, the crime and occurrence report was registered by the Excise Inspector. He investigated the case and submitted final report in court. 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. Instead of framing charge under Section 8 (2) of the Act, charge was wrongly framed by the trial court under Section 55 (a) of the Act.

(2.) The prosecution examined five witnesses in the trial court, and proved Exts.P1 to P5 documents. The MO1 and MO2 properties were also identified during trial. The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C. In defence, he examined a witness as DW1.

(3.) On an appreciation of the evidence, the trial court found the accused guilty. On conviction, he was sentenced to undergo rigorous imprisonment for one year, and to pay a fine of 1 lakh by judgment dated 11.4.2002. Aggrieved by the judgment of conviction, the accused approached the Court of Session, Alappuzha with Crl.A 104/2002. In appeal, the learned Additional Sessions Judge,(Adhoc-II), Alappuzha confirmed the conviction and sentence, and accordingly dismissed the appeal.