SAMI Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant herein challenges the conviction and sentence against him under Section 55(g) of the Kerala Abkari Act (for short 'the Act') in SC 119/2005 of the Court of Session, Manjeri. He faced trial before the learned Additional Sessions Judge (Adhoc) III, Manjeri on the allegation that at about 9.30 p.m on 28.2.2003, he was found possessing 25 litres of wash at his house No.IV/554 of the Urangattiri Grama Panchayat. The offence was detected by the Circle Inspector of Excise, Manjeri. He conducted a search at the house of the accused on the basis of reliable information and seized the quantity of wash contained in an aluminium vessel. The accused was also arrested on the spot. On the next day, the accused and the properties were produced at the Excise Range Office, Manjeri where a Preventive Officer registered the crime and occurrence report. The Excise Circle Inspector, Perinthalmanna took over investigation and he submitted final report in court, after investigation.

(2.) The accused appeared before the trial Judge and pleaded not guilty to the charge framed against him. The prosecution examined eight witnesses and proved Exts.P1 to P14 documents in the trial court. The MO1 property was also identified during trial. The accused denied the incriminating circumstances and projected a defence of total denial. In defence, he examined two witnesses also.

(3.) On an appreciation of the evidence, the trial court found the accused guilty under Section 55(g) of the Act. On conviction, he was sentenced to undergo rigorous imprisonment for two years and to pay a fine of ? 1 lakh by judgment dated 30.8.2006. Aggrieved by the judgment of conviction, the accused has come up in appeal.