MATHEWKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him under Section 58 of the Kerala Abkari Act (hereinafter referred to as "the Act") in S.T. No. 466 of 1997 of the Judicial First Class Magistrate Court, Chengannur. He faced prosecution on the allegation that at about 8.00 a.m. on 14.02.1997, he was found possessing two litres of arrack in a plastic can of 5 litres capacity. The offence was detected by the Excise Inspector of the Chengannur Excise Range. He arrested the accused on the spot, and seized the contraband article. 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 Magistrate, and pleaded not guilty when the particulars of the offence was read over and explained to him. The prosecution examined four witnesses, and proved Exts. P1 to P5 documents in the trial court.

(3.) The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C., 1973. He did not adduce any evidence in defence.