SAVITHRI Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner challenges the conviction and Sentence against her under Section 55 (a) of the Kerala Abkari Act ('the Act' for short) in C.C 196/1996 of the Judicial First Class Magistrate Court-I Nedumangad. She faced prosecution on the allegation that at about 3.00 p.m on 23.5.1996 at Aryanad, she was found possessing 5 litres of illicit arrack in a plastic can. The offence was detected by the Circle Inspector of Excise, Nedumangad. He arrested the accused on the spot, and seized the plastic can as per a mahazar. He produced the accused and the properties at the Excise Range Office where the Excise Inspector registered the crime and occurrence report. The Excise Inspector produced the accused and the properties in court and after investigation, he submitted final report in court.

(2.) The accused appeared before the learned Magistrate and pleaded not guilty to the charge framed against her. The prosecution examined five witnesses in the trial court and proved Exts.P1 to P5 documents. The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C , 1973and in defence, she examined a witness as DW1.

(3.) On an appreciation of the evidence, the trial court found the accused guilty. On conviction she was sentenced to undergo simple imprisonment for three months, and to pay a fine of Rs. 2,500/- by judgment dated 18.5.1999. Aggrieved by the judgment of conviction, the accused approached the Court of Session with Crl.A.226/1999. In appeal, the learned Additional Sessions Judge (Adhoc-I), Thiruvananthapuram confirmed the conviction and sentence, and accordingly dismissed the appeal by judgment dated 31.10.2006. Now the accused is before this court in revision.