BABU, S/O. VELAPPAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him under Section 8(2) of the Kerala Abkari Act (hereinafter referred to as "the Act") in S.C. No. 394 of 2001 of the Court of Session, Ernakulam. He faced prosecution before the learned Assistant Sessions Judge, North Paravur, on the allegation that at about 5.30 p.m. on 09.06.1999, he was found possessing 2 litres of arrack in a plastic can of 5 litres capacity. The offence was detected by the Excise Inspector of the Kalady Excise Range. He arrested the accused on the spot, and seized the plastic can allegedly containing arrack. On the basis of the arrest and seizure, he registered the crime and occurrence report, and after investigation, he submitted final report in court.

(2.) The accused appeared before the learned trial Judge, and pleaded not guilty to the charge framed against him. The prosecution examined five witnesses, and proved Exts.P1 to P7 documents in the trial court. The MO1 plastic can was also identified during trial. In defence, the accused examined two witnesses. During the examination under Section 313 Cr.P.C., 1973 the accused projected a defence of total denial.

(3.) On an appreciation of the evidence, the trial court found the accused guilty. On conviction, he was sentenced to undergo simple imprisonment for two years, and to pay a fine of Rs. 1 lakh under Section 8(2) of the Act.