V.A. MELLI Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioners in Crl.R.P.No.607 of 2003 are the accused Nos.2, 4 and 5 in S.C.No.253 of 1999 of the Court of Session, Kozhikode, and the revision petitioner in Crl.R.P.No.608 of 2003 is the third accused therein. These revision petitioners and two others faced prosecution in the court below under Section 55(a) of the Kerala Abkari Act ("the Act") on the allegation that at about 12.25 p.m. on 14.03.1998, they were found illicitly transporting huge quantity of Indian made Foreign Liquor contained in 4368 bottles of various capacities, and these bottles were packed in 242 cardboard cases. The offence was detected by the Kozhikode Town Circle Inspector. The police party led by him intercepted the vehicle No.KL 7J 5162 on the Cherootty road, Kozhikode on the basis of reliable information, and when the police party inspected the said lorry and it's platform, they found huge quantity of Indian Made Foreign Liquor contained in 242 cardboard cases. The driver, the cleaner, and five other persons found in the lorry were arrested by the police party, and the contraband articles including the vehicle were seized as per a mahazar. The police registered the crime on the basis of the arrest and the seizure without any delay, and the accused and the properties were produced in Court. Though detection was made by a Circle Inspector, investigation was taken over by the Assistant Sub Inspector of the Kozhikode Town Police Station, and after investigation the Sub Inspector submitted final report also in Court.

(2.) All the accused appeared before the learned Third Additional Assistant Sessions Judge, Kozhikode, and pleaded not guilty to the charge framed against them under Section 55(a) of the Act. The prosecution examined six witnesses, and proved Exts.P1 to P14 documents in the trial court. The MO1 to MO6 properties were also identified during trial. When examined under Section 313 Cr.P.C., 1973 all the accused denied the incriminating circumstances. They did not adduce any evidence in defence. The accused examined one witness in defence, and proved Exts.D1 to D3 documents. On an appreciation of the evidence, the trial court found all the accused guilty. On conviction, they were sentenced to undergo imprisonment for two years each, and to pay a fine of Rs. 1 lakh each.

(3.) Aggrieved by the judgment of conviction dated 28.03.2001, the accused approached the Court of Session with different appeals. The accused Nos.2, 4 and 5 filed Crl.Appeal No.187/2001, the third accused filed Crl.Appeal No.198/2001, and the accused Nos.1 and 6 filed Crl.Appeal No.197/2001. In appeal, the learned Sessions Judge confirmed the conviction and sentence, and accordingly dismissed the appeals. Now the accused Nos.2 to 5 are before this Court in revision challenging the legality and propriety of the conviction and sentence. The revision brought by the accused Nos.1 and 6 as Crl.R.P.No.846/2003 was disposed of by this Court on 07.03.2018. They were acquitted in revision by this Court on the ground of serious legal infirmities vitiating the whole prosecution.