LEELA Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against her under Section 8(2) of the Kerala Abkari Act (the Act) in S.C. No.342/2001 of the Court of Session, Thodupuzha. She faced prosecution before the learned Assistant Sessions Judge, Kattappana, on the allegation that when the police party led by the Sub Inspector of Police, Kattappana conducted a search at the unnumbered bunk shop of the accused at Kattappana, she was found possessing some quantity of arrack contained in a plastic can, and also two bottles of 180 ml capacity. She was arrested on the spot, and the quantity of arrack was seized as per a search list prepared by the Sub Inspector. On the basis of the arrest and seizure, he registered the crime, and the case was investigated by the Circle Inspector of Police, Kattappana. After investigation, the Circle Inspector submitted final report in court. The accused appeared before the learned trial Judge, and pleaded not guilty to the charge framed against her.

(2.) The prosecution examined five witnesses and proved Exts.P1 to P6 documents in the trial court. The MO1 to MO3 properties were also identified during trial. The accused denied the incriminating circumstances, when examined under Section 313 Cr.P.C., 1973 She did not adduce any evidence in defence. On an appreciation of the evidence, the trial court found her guilty. On conviction, the accused was sentenced to undergo rigorous imprisonment for one year, and to pay a fine of Rs. 1,00,000/-.

(3.) Aggrieved by the judgment of conviction dated 23.9.2004, the accused approached the Court of Session, Thodupuzha with Crl.A. No.300/2004. In appeal, the learned Additional Sessions Judge (Adhoc)-I, Thodupuzha confirmed the conviction, but reduced the sentence to rigorous imprisonment for three months. Now, the accused is before this Court in revision, challenging the legality and propriety of the conviction and sentence.