KRISHNANKUTTY @ APPU Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant was charge sheeted for an offence punishable under Sections 55(a) and (h) of the Kerala Abkari Act in Crime No.264/2008 of the Nilambur Police Station, which in turn was tried by the Additional Sessions Court (Ad hoc-III), Manjeri in S.C.No.264/2009.

(2.) The prosecution case is that on 08.05.2008, the appellant was found carrying a plastic Can containing 4\u00BD liters of arrack and he was apprehended by the police. On conclusion of the evidence and after hearing both sides, the learned Sessions Court found the accused guilty and he was convicted and sentenced to undergo simple imprisonment for two years and to pay a fine of Rs. 1 lakh. Against the finding of the learned Sessions Court , this appeal is being filed.

(3.) According to the appellant, in the matter of arrest of the accused, seizure of the contraband articles, sampling of the same etc., none of the mandatory requirements have been complied by the police, and the non-compliance of the statutory requirements make the trial vitiated against the appellant. The contraband articles had reached the court belatedly and no explanation had been offered by the prosecution for the delay in producing the contraband articles before the court. In fact, the official witnesses alone had supported the prosecution case and the Sessions Court ought not to have relied on their evidence so as to convict the appellant. The Sessions Court has not considered the animosity alleged against the detecting officer by the defence. On these grounds, the appellant prays for setting aside the conviction and sentenced passed by the Additional Sessions Court (Ad hoc-III), Manjeri in S.C.No.264/2009 dated 02.01.2010.