NARAYANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him under Section 55(g) of the Kerala Abkari Act (for short, 'the Act') in C.C.No.872/1997 of the Judicial First Class Magistrate Court, Parappanangadi. He faced prosecution on the allegation that at about 6 p.m. on 26.2.1997, at Edayatparamba within the limits of the Parappanangadi Excise Range, he was found carrying 5 litres of wash in a plastic can. The offence was detected by a Preventive Officer of the Tirurangadi Excise Circle. He arrested the accused on the spot, and seized the plastic can and a bottle, as per a mahazar. The Preventive Officer produced the accused and the properties at the Parappanangadi Range Office, where a Preventive Officer registered the crime and occurrence report. After investigation, the Excise Inspector submitted final report in court. The accused appeared before the learned Magistrate, and pleaded not guilty to the charge framed against him.

(2.) The prosecution examined four witnesses, and proved Exts.P1 to P3 documents. The MO1 and MO2 properties were also identified during trial. The accused denied the incriminating circumstances, when examined under Section 313 Cr.P.C., 1973 and projected a defence that this is a false case foisted against him. He did not adduce any evidence in defence.

(3.) On an appreciation of the evidence, the learned Magistrate found the accused guilty. On conviction, he was sentenced to undergo rigorous imprisonment for three months, and to pay a fine of Rs. 5,000/- under Section 55(g) of the Act. Aggrieved by the judgment of conviction dated 28.5.2001, the accused approached the Court of Session, Manjeri with Crl.A.No.135/2001. In appeal, the learned Sessions Judge confirmed the conviction and sentence, and accordingly, dismissed the appeal. Now the accused is before this Court in revision challenging the legality and propriety of the conviction and sentence, on the ground that there are two very important legal infirmities in this case.