SIVASANKARA PILLAI @ SANKARANKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioners herein are the two accused in C.C.No.196/1998 of the Judicial First Class Magistrate Court-I Kollam. They faced prosecution on the allegation that at about 11.30 p.m on 17.8.1996, they were found transporting 100 litres of spirit contained in two plastic cans in the autorickshaw No.KEQ /1710. The offence was detected by the Sub Inspector of Police, Kilikolloor. During the usual vehicle cheking in the night, the Sub Inspector gave signal to stop the autorickshaw, but the driver sped it off, and after a short distance, the driver and the passenger therein vanished to darkness after stopping the autorickshaw at the side of the road. The Sub Inspector inspected the autorickshaw and he found two cans of spirit therein. He seized the cans containing arrack along with the autorickshaw as per a mahazar, and on the basis of the said seizure, he registered the crime. The Sub Inspector himself investigated the case and submitted final report in court.

(2.) The two accused appeared before the learned Magistrate, and pleaded not guilty to the charge framed against them under Section 55(a) of the Kerala Abkari Act ('the Act' for short). The prosecution examined 6 witnesses, and proved Exts.P1 to P4 documents in the trial court. The MO1 and MO2 properties were also identified during trial. The two accused denied the incriminating circumstances when examined under Section 313 Cr.P.C. They did not adduce any evidence in defence.

(3.) On an appreciation of the evidence, the trial court found the accused guilty. On conviction, they were sentenced to undergo simple imprisonment for one year each, and to pay a fine of 25,000/- each under Section 55(a) of the Act.