RADHAKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Revision petitioner stands convicted for offence punishable under S.55(a) of the Abkari Act (hereinafter referred as 'the Act') for allegedly keeping in his possession rectified spirit meant for illicit manufacture of arrack, plastic cans and meter to gauge concentration of arrack which is said to have been detected by Sub Inspector of Police and party on 26/10/1996 at about 3 p.m. Learned Magistrate found him guilty, convicted and sentenced him to undergo rigorous imprisonment for one year and payment of fine of Rs.25,000/-. Appeal preferred by him was dismissed. Hence, this revision.

(2.) Heard. Perused the records.

(3.) Learned counsel for revision petitioner argued that there is no evidence to show that revision petitioner was in possession of the contraband, there is no proper sealing of material objects as found by learned Sessions Judge and at any rate, no offence under S.55(a) of the Act is made out.