KANNAKULATHIL VEETTIL VINOD Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him under Section 55(a) of the Kerala Abkari Act ('the Act' for short) in S.C 40/2003 of the Court of Session, Kasaragod. He faced prosecution in the court below on the allegation that at about 5.30 p.m on 14.2.2001, he was found possessing four litres of arrack in a plastic can of 5 litres capacity. The offence was detected by an Excise Inspector attached to the Hosdurg Excise Circle. He arrested the accused on the spot and seized the contraband article as per a mahazar. The Excise Inspector produced the accused and the properties at the Neeleswaram Excise Range where an Assistant Excise Inspector registered the crime and occurrence report and conducted initial investigation. Later, the Excise Inspector completed the investigation and submitted final report in court.

(2.) The accused appeared before the learned Asst. Sessions Judge, Kasaragod and pleaded not guilty to the charge framed against him.

(3.) The prosecution examined six witnesses and proved Exts.P1 to P8 documents in the trial court. The MO1 can was also identified during trial. The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C., 1973 He did not adduce any evidence in defence.