MOHANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner challenges the conviction and sentence against him under Sections 55(a) and 8(2) of the Kerala Abkari Act (herein after referred to as "the Act") in S.C. No. 268 of 2003 of the Court of Session, Alappuzha. The prosecution case is that at about 8.00 p.m. on 21.01.2002, the accused was found possessing 1.5 litres of arrack in a bottle of two litres capacity. The offence was detected by a Preventive Officer of the Mavelikkara Excise Circle, accompanied by another Preventive Officer of the same Circle. He arrested the accused on the spot, and seized the contraband article as per a mahazar. The accused and the properties were produced at the Excise Range Office where an Excise Guard received the accused and the properties, and on the next day, the Excise Inspector registered crime and occurrence report. He investigated the case, and submitted final report in court.

(2.) The accused appeared before the learned Principal Assistant Sessions Judge, Alappuzha, and pleaded not guilty to the charge framed against him. The prosecution examined 5 witnesses in the trial court, and prove Exts. P1 to P8 documents. The MO1 and MO2 properties were also identified during trial.

(3.) The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C., 1973. He did not adduce any evidence in defence.