RAVEENDRAN, S/O.YOHANNAN 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 ('the Act' for short) in C.C 253/1999 of the Judicial First Class Magistrate Court, Nedumangad. He faced prosecution in the court below on the allegation that at about 4.30 p.m on 29.3.1997, on the road leading to the Bonacord Estate, Vithura, he was found possessing arrack in a plastic can of 5 litres of capacity. The offence was detected by the Excise Inspector of the Nedumangad Excise Range. He arrested the accused on the spot, and seized the plastic can as per a mahazar. On the basis of the arrest and seizure, he registered the crime and occurrence report, he conducted investigation and he also submitted final report in court.

(2.) 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 P5 documents in the trial court. The MO1 plastic 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.

(3.) 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/- by judgment dated 31.07.2002. Aggrieved by the judgment of conviction, the accused approached the Court of Session, Thiruvananthapuram with Crl.A No.274/2002. In appeal, the learned II Addl. Sessions Judge confirmed the conviction subject to the alteration to Section 58 of the Act and modified the sentence. Accordingly, the jail sentence was reduced to simple imprisonment for 15 days and the fine sentence was reduced to Rs. 5000/-. Now the accused is before this Court in revision challenging the legality and propriety of the conviction and sentence.