KUMAR 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) in C.C. No.113/1997 of the Judicial First Class Magistrate Court-II, Attingal. He faced prosecution before the learned Magistrate on the allegation that at about 1.30 p.m. on 14.12.1996, he was found carrying some quantity of arrack in a plastic can of 5 litre capacity. The offence was detected by the Circle Inspector of the Excise Enforcement and Anti Narcotic Special Squad, Thiruvananthapuram. He arrested the accused on the spot, and seized the contraband as per a mahazar. He produced the accused and the properties at the Excise Range Office, where the Excise Inspector registered the crime, and after investigation, the Excise Inspector submitted final report in court. The accused appeared before the learned Magistrate, and pleaded not guilty when the substance of the accusation was read over and explained to him.

(2.) The prosecution examined five witnesses, and proved Exts.P1 to P3 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 simple imprisonment for one year, and to pay a fine of Rs.15,000/- under Section 55(a) of the Act. Aggrieved by the judgment of conviction dated 12.3.1999, the accused approached the Court of Session, Thiruvananthapuram with Crl.A. No.122/1999. In appeal, the learned Additional Sessions Judge (Adhoc)-I, 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.