MURUKESAN S/O. KARUPPAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant herein is aggrieved by the conviction and sentence against him under Section 8 (2) of the Kerala Abkari Act (for short "the Act ") in S.C 331 of 2010 of the of the Court of Session, Palakkad. He faced prosecution on the allegation that at about 6.30 a.m on 11.8.2007 at Naripotta within the Kuzhalmannam Excise Range, he was found possessing 10 litres of arrack contained in a plastic can and carried in a big shopper. The offence was detected by the Circle Inspector of Excise, Alathoor Circle. He arrested the accused on the spot and seized the quantity of arrack as per a mahazar. The Excise Circle Inspector produced the accused and the properties before the Excise Range Office where an Excise Inspector registered the crime and occurrence report. Another Excise Inspector took over investigation and submitted final report in court. On committal, the case came up before the learned Additional Sessions Judge( Adhoc) III, Palakkad for trial and disposal.

(2.) The accused appeared before the trial court and pleaded not guilty to the charge framed against him under Section 8(2) of the Act. The prosecution examined six witnesses and proved Exts.P1 to P7 documents in the trial court. The MO1 and MO2 properties were also identified during trial.

(3.) When examined under Section 313 Cr.P.C, the accused denied the incriminating circumstances. He did not adduce any evidence in defence.