KUTTAN ALIAS KRISHNANKUTTY 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. 118 of 2002 of the Court of Session, Thrissur. He faced prosecution on the allegation that at about 5.30 p.m. on 27.07.1997, he was found possessing 3.240 litres of illicit arrack contained in 18 bottles of 180 ml capacity. The offence was detected by a Preventive Officer of the Pazhayannur Excise Range. He arrested the accused on the spot, and seized the contraband articles. The accused and the properties were produced by him at the Excise Range office where an Excise Inspector registered the crime and occurrence report. He conducted initial investigation also, after producing the accused and properties in court. Another Excise Inspector completed investigation, and submitted final report in court.

(2.) The accused appeared before the learned II Additional Assistant Sessions Judge, Thrissur, and pleaded not guilty to the charge framed against him. The prosecution examined five witnesses, and proved Exts. P1 to P7 documents. The MO1 and MO2 properties were also identified during trial.

(3.) The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C., 1973. In defence, he examined a witness as DW1.