KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant herein challenges the conviction and sentence against him under Section 58 of the Kerala Abkari Act('the Act' for short) in S.C No.1824/2001 of the Court of Session, Thiruvananthapuram. He faced trial before the learned Additional Sessions Judge for the trial of Abkari Cases, Neyyattinkara, on the allegation that at about 9.00 a.m on 01.11.1999 at Venganoor, he was found possessing five litres of arrack in a plastic can. The offence was detected by a Preventive Officer of the Thiruvananthapuram Excise Range. He arrested the accused on the spot, and seized the contraband articles as per a mahazar. On the basis of the arrest and seizure, the Excise Inspector of the range registered the crime and occurrence report. Another Excise Inspector conducted investigation and 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 and proved Exts.P1 to P7 documents in the trial court. The MO1 property was also identified during trial. The accused denied the incriminating circumstances and projected a defence of total denial. He did not adduce any evidence in defence.

(3.) On an appreciation of the evidence, the trial court found the accused guilty. On conviction, he was sentenced to undergo rigorous imprisonment for two years, and to pay a fine of ?1 lakh by judgment dated 16.05.2006. Aggrieved by the judgment of conviction, the accused has come up in appeal.