MANIYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant herein challenges the conviction and sentence against him under Section 8(2) of the Kerala Abkari Act ('the Act' for short) in SC 422/2001 of the Court of Session, Thiruvananthapuram. He faced trial before the Additional Sessions Court for the trial of Abkari Cases, Neyyattinkara,on the allegation that at about 2.30 p.m on 7.12.1998, he was found possessing 2.50 litres of arrack in a plastic can The offence was detected by an Excise Inspector of the Excise Enforcement and Anti-Narcotic Special Squad, Thiruvananthapuram. He arrested the accused on the spot and seized the contraband articles as per a mahazar. He produced the accused and the properties at the Excise Range Office, Neyyattinkara where the Excise Inspector registered the crime and occurrence report. He conducted investigation also. Another Excise Inspector verified 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 detection was made after the coming into force of Section 8 of the Act. Instead of framing charge under Section 8(2) of the Act, charge was wrongly framed by the trial court under Section 58 of the Act. Anyway, if the conviction is confirm,ed, the section can be altered by this Court. The prosecution examined seven witnesses and proved Exts.P1 to P8 documents in the trial court. The MO1 property was also identified during trial. The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C. 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 one year and to pay a fine of ?1 lakh by judgment dated 26.11.2005. Aggrieved by the said judgment of conviction, the accused has come up in appeal.