CHATHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him under Section 55(a) of the Kerala Abkari Act (for short "the Act") in S.C. No. 461 of 2001 of the Court of Session, Kozhikode. He faced trial before the learned Assistant Sessions Judge, Koyilandy on the allegation that at about 7.50 p.m. on 12.04.1998, he was found possessing 5 litres of arrack in a plastic can at his unnumbered thatched house at Kuruvalur within the Atholi Grama Panchayat. The offence was detected by a Preventive Officer of the Balussery Excise Range. He arrested the accused on the spot and seized the quantity of arrack as per a mahazar and a search list. The Preventive Officer produced the accused and the properties in court. The Excise Inspector submitted final report in court after investigation.

(2.) The accused appeared before the learned trial Judge, and pleaded not guilty to the charge framed against him. The prosecution examined seven witnesses and proved Exts.P1 to P9 documents in the trial court. The MO1 property was also identified during trial.

(3.) The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C.. He did not adduce any evidence in defence.