ROY, S/O BABY Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant herein challenges the conviction and sentence against him under Section 58 of the Kerala Abkari Act ( for short " the Act") in SC 550/2008 of the Court of Session, Thrissur. He faced prosecution before the learned Additional Sessions Judge (Adhoc-I) Thrissur on the allegation that at about 8.30 p.m on 8.8.2006, he was found possessing 6 litres of Indian made Foreign Liquor meant for sale in Goa, contained in 8 bottles of 750 ml of capacity. The offence was detected by a Preventive Officer of the Kunnamkulam Excise Range. He produced the accused and the properties at the Excise Range Office where the Excise Inspector registered the crime and occurrence report. After investigation, the Excise Inspector submitted final report in court.

(2.) The accused appeared before the learned Magistrate and pleaded not guilty to the charge framed against him under Sections 55 (a) and 58 of the Abkari Act. The prosecution examined five witnesses and proved Exts.P1 to P6 documents in the trial court. The MO1 liquor bottles were 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 under Section 58 of the Act. On conviction, he was sentenced to undergo simple imprisonment for four months and to pay a fine of 1 lakh. Aggrieved by the judgment of conviction, the accused has come up in appeal.