RAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioners herein are the two accused in CC 365/1998 of the Judicial First Class Magistrate Court-I, Kollam. They faced prosecution in the court below under Section 55(a) of Kerala Abkari Act (for short "the Act"), on the allegation that at about 9 A.M on 4/8/1996 at the toddy shop No.T.S.64 at Idamala, they were found possessing huge quantity of arrack contained in 95 plastic bottles of 750 ml capacity, for illicit sale. The offence was detected by the Sub Inspector of Police, Kundara. He arrested the two accused on the spot and seized the 95 plastic bottles, as per a mahazar. On the basis of the arrest and seizure, he registered the crime and submitted final report in court after investigation.

(2.) The two accused appeared before the learned Magistrate and pleaded not guilty to the charge framed against them. The prosecution examined 5 witnesses and proved Ext. P1 to P4 documents in the trial court. The MO1 to MO3 properties were also identified during trial. The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C., 1973 In defence, they examined themselves with the permission of the court and Exts.D1 and D2 were also marked. On an appreciation of the evidence, the trial court found the accused guilty. On conviction, they were sentenced to undergo simple imprisonment for 6 months each and to pay a fine of ? 25,000/- each under Section 55(a) of the Act.

(3.) Aggrieved by the judgment of conviction dated 25.02.2003, the accused approached the Court of Session, Kollam with Crl.A. No.90/2003. In appeal, the learned Sessions Judge confirmed the conviction and sentence, and accordingly dismissed the appeal.