POOVATHOLIL BABY @ VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him under Section 58 of the Kerala Abkari Act (hereinafter referred to as "the Act") in C.C.No. 645 of 1996 of the Judicial First Class Magistrate Court, Payyannur. The prosecution case is that at about 9.30 p.m. on 28.06.1996, he was found possessing some quantity of arrack contained in 14 bottles of 180ml capacity. The offence was detected by the Circle Inspector of Excise, Thaliparamba. He arrested the accused on the spot, and seized the 14 bottls of liquor as per a mahazar. On the basis of the arrest and seizure, the Excise Range Officer registered a crime at the Excise Range Office, Payyanur, and he submitted final report also in court.

(2.) The accused appeared before the learned Magistrate, and pleaded not guilty to the charge framed against him. The prosecution examined 3 witnesses, and proved Exts. P1 to P3 documents in the trial court. The MO1 and MO2 properties were also identified during trial.

(3.) The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C., 1973. He also examined a witness on his side as DW1.