ASHOKAN Vs. THE 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.570 of 1997 of the Judicial First Class Magistrate's Court, Adoor.

(2.) He faced prosecution in the court below on the allegation that at about 8.15 p.m. on 22.01.1997, he was found possessing 1 litre of arrack. The offence was detected by the Excise Inspector of the Adoor Excise Range, assisted by the preventive officer. He himself investigated the case, and submitted final report.

(3.) The accused appeared before the learned Magistrate, and pleaded not guilty, when the substance of the accusation was read over and explained to him. The prosecution examined four witnesses, and proved Exts.P1 to P4 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. He did not adduce any evidence in defence. On an appreciation of the evidence, the trial court found the accused guilty. On conviction, he was sentenced to undergo rigorous imprisonment for six months, and to pay a fine of Rs.25,000/-(Rupees Twenty Five Thousand only).