PEETHAMBARAN, S/O.CHELLAPPAN Vs. STATE OF KERALA

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 C.C.No.266 of 1999 of the Judicial First Class Magistrate's Court-II, Nedumangad.

(2.) He faced prosecution on the allegation that at about 11.00 a.m. on 09.05.1997, he was found possessing some quantity of arrack in a plastic can of 5 litres capacity. The offence was detected by a Preventive Officer of the Nedumangad Excise Range. On the next day, another Preventive Officer registered the crime, and investigation was taken over by the Excise Inspector. After investigation, he submitted final report in Court.

(3.) 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 six witnesses, and proved Exts.P1 to P5 documents in the trial court. 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. On an appreciation of the evidence, the trial court found the accused guilty. On conviction, he was sentenced to undergo simple imprisonment for three months, and to pay a fine of Rs.25,000/- (Rupees Twenty Five Thousand only).