KUTTAN Vs. STATE OF KERALA, REPRESENTED BY THE DIRECTOR GENERAL OF PROSECUTION, HIGH COURT OF KERALA, ERNAKULAM

JUDGEMENT

(1.) The revision petitioner challenges the conviction and sentence against him under Section 55(a) of the Kerala Abkari Act (for short, 'the Act') in S.C. No.486/1999 of the Court of Session, Thiruvananthapuram. He faced prosecution on the allegation that at about 5.30 p.m. on 24.8.1997 at Thettivila, he was found possessing 17 litres of arrack in a plastic can of 20 litre capacity for the purpose of illicit sale. The offence was detected by the Sub Inspector of Police, Nemom. He arrested the accused on the spot, and seized the plastic can as per a mahazar. On the basis of the arrest and seizure, the Sub Inspector registered the FIR, he investigated the case, and submitted final report in court. The accused appeared before the learned Assistant Sessions Judge, Neyyattinkara, and pleaded not guilty to the charge framed against him under Sections 55(a), (i) and 58 of the Act.

(2.) The prosecution examined three witnesses, and proved Exts.P1 to P3 documents in the trial court. 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 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 two years, and to pay a fine of Rs. 1 lakh. Aggrieved by the judgment of conviction dated 1.6.2002, the accused approached the Court of Session, Thiruvananthapuram with Crl.A. No.172/2002. In appeal, the learned Ist Additional Sessions Judge, Thiruvananthapuram 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.