CHIMNI KANNAN Vs. S.I.OF POLICE

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 S.C.No.254 of 1999 of the Court of Session, Kasaragod.

(2.) He faced prosecution before the learned Assistant Sessions Judge, Hosdurg on the allegation that at about 6.15 p.m. on 11.09.1997, he was found possessing some quantity of arrack manufactured in the State of Karnataka, and contained in 20 packets of 100ml of capacity. The offence was detected by the Sub Inspector of Police, Bekal. On the basis of the arrest and seizure, the crime was registered, and after investigation by a Head Constable, final report was submitted in Court.

(3.) 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 P6 documents in the trial court. MO1 to MO7 properties 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. On an appreciation of the evidence, the trial court found the accused guilty. On conviction, he was sentenced to undergo rigorous imprisonment for three years, and to pay a fine of Rs.1,00,000/- (Rupees One lakh only).