VIJAYAN 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. 279 of 2004 of the Court of Session, Thrissur. He faced prosecution before the learned Additional Assistant Sessions Judge, Irinjalakuda on the allegation that at about 5.00 p.m. on 18.06.2000, he was found possessing 5 litres of arrack in a plastic can on the public road in front of a shop at Mupliyam. The offence was detected by a Preventive Officer of the Inrinjalakuda Excise Range. According to the prosecution, the accused ran off and escaped by abandoning the plastic can containing arrack on seeing the Excise party, and it was seized by the Preventive Officer as per a mahazar. On the basis of the seizure made by the Preventive Officer, the Excise Inspector registered a crime on the next day. Another Excise Inspector took over investigation after years, and he submitted final report in court.

(2.) The accused appeared before the learned trial Judge, and pleaded not guilty to the charge framed against him. The prosecution examined six witnesses, and proved Exts.P1 to P7 documents in the trial court. The MO1 plastic can was also identified during trial.

(3.) The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C., 1973 and projected a defence of total denial. His case is that he has nothing to do with the plastic can seized by the Excise Preventive Officer. He did not adduce any evidence in defence.