RAVI Vs. THE STATE OF KERALA

JUDGEMENT

(1.) The appellant herein is the accused in S.C. No. 887 of 2001 of the Court of Session, Thiruvananthapuram. He faced prosecution before the learned Additional Sessions Judge for the trial of Abkari Cases, Neyyattinkara, under Section 55(a) of the Kerala Abkari Act (for short "the Act") on the allegation that at about 5.30 p.m. on 25.11.1997, he was found possessing 8 litres of spirit in a plastic can of 5 litres capacity. The offence was detected by an Excise Inspector of the Amaravila Excise Range. The prosecution case is that on seeing the excise party, the accused ran off and escaped after abandoning the plastic can containing spirit, and on enquiry, the Excise Inspector identified the person.

(2.) The accused appeared before the learned trial Judge, and pleaded not guilty to the charge framed against him. The prosecution examined six witnesses, and proved Exts.P1 to P5 documents in the trial court. The MO1 can was also identified during trial.

(3.) The accused denied the incriminating circumstances and projected a defence of total denial when examined under Section 313 Cr.P.C. He did not adduce any evidence in defence.