MANIKUTTAN S/O. NARAYANAN AND ANR. Vs. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA

JUDGEMENT

(1.) The revision petitioners herein are the accused Nos. 1 and 2 in C.C. No. 1008 of 1997 of the Judicial First Class Magistrate Court, Thiruvalla. They and the third accused faced prosecution in the court below on the allegation that when an excise team led by the Circle Inspector of Excise, Thiruvalla, conducted a search at the house of the first accused at Kattod, at about 7.00 a.m. on 26.10.1996, the three accused were found possessing and dealing with some quantity of spirit and also arrack, contained in different plastic cans and a plastic bucket. The Circle Inspector arrested the accused on the spot, and seized the contraband articles as per a search list and a detection mahazar. The accused and the properties were produced by him at the Excise Range Office where a Preventive Officer in charge of the Excise Inspector registered the crime and occurrence report. The Preventive Officer himself produced the accused and the properties in court. Later, an Excise Inspector investigated the case, and submitted final report in court.

(2.) All the three accused appeared before the learned trial Judge, and pleaded not guilty when the substance of the accusation was read over and explained to them. The prosecution examined five witnesses, and proved Exts.P1 to P5 documents in the trial court. The MO1 series properties, including a bucket and 11 cans, were also identified during trial.

(3.) All the accused denied the incriminating circumstances when examined under Section 313 Cr.P.C., 1973. In defence, they examined two witnesses as DW1 and DW2.