SMITHESH Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant herein is the 1 accused in S.C. 258/2010 of the Court of Session, Palakkad. The accused Nos. 2 and 3 obtained discharge from the trial court. The 1 accused faced trial before the learned Additional Sessions Judge (Adhoc)-III, Palakkad under Sec. 55(a) of the Kerala Abkari Act (for short "the Act") on the allegation that at about 1 p.m on 26/1/2007, he was found transporting huge quantity of spirit contained in 18 plastic cans of 35 litres capacity in his Car No. KL-9G-910. The offence was detected by the Sub Inspector of Police, Kozhinjampara. He arrested the accused on the spot and seized the contraband articles including the car as per a mahazar. On the basis of the arrest and seizure, the Sub Inspector registered the crime, and investigation was taken over by the Circle Inspector. After investigation, the Circle Inspector submitted final report in court.

(2.) The accused appeared before the learned trial Judge and pleaded not guilty to the charge framed against him under Sec. 55(a) of the Act. The prosecution examined six witnesses and proved Exts.P1 to P9 documents in the trial court. The MO1 to MO18 properties were also identified during trial. Those are said to be the 18 plastic cans allegedly containing spirit, seized from the possession of the accused. When examined under Sec. 313 Cr.P.C, the accused denied the incriminating circumstances. The accused did not adduce any evidence in defence.

(3.) On an appreciation of the evidence, the trial court found the accused guilty. The Police charge, and also the court charge is under Sec. 55(a) of the Act, on the allegation of the illicit transportation of spirit. The finding of the trial court at the operative portion of the judgment is that the accused was found transporting arrack. Anyway, the conviction is under Sec. 55(a) of the Act. This is the irresponsible and the casual way in which the case was dealt with. On conviction, the accused was sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.1,00,000.00 by judgment dtd. 11/7/2013. Aggrieved by the judgment of conviction, the accused has come up in appeal.