SINOJ Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant herein challenges the conviction and sentence against him under Section 55(g) of the Kerala Abkari Act("the Act") in S.C.No.427 of 2017 of the Court of Session, Ernakulam.

(2.) He faced trial before the learned Additional Sessions Judge (Adhoc-III), North Paravur on the allegation that at about 11.45 a.m. on 19.12.2006 on the Northern side of a rubber plantation of Ayyampuzha, the accused was found making preparations for distilling arrack. The offence was detected by a Preventive Officer of the Kalady Excise Range. He arrested the accused on the spot during usual patrol duty, and seized the contraband articles. The accused was found possessing 450 litres of wash contained in five barrels, each can containing about 90 litres of wash. From the quantity contained in one of the barrels a sample of 500ml was taken by the Preventive Officer. After taking sample, the remaining quantity of wash was destroyed at the spot of detection. On the basis of the arrest and seizure, the Excise Inspector registered the crime and occurrence report, and he conducted investigation also.

(3.) The accused appeared before the learned trial Judge, and pleaded not guilty to the charge framed against him. The prosecution examined five witnesses, and proved Exts.P1 to P9 documents in the trial court. The accused projected a defence of total denial, and he denied the incriminating circumstances. He did not adduce any evidence in defence.