KARTHIANI Vs. S.I. OF POLICE AND OTHERS

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against her under Section 55(a) of the Kerala Abkari Act (the Act) in S.C. No.463/2002 of the Court of Session, Kozhikode. She faced prosecution before the learned IInd Additional Assistant Sessions Judge, Kozhikode, on the allegation that when the police party led by the Additional Sub Inspector of Police, Nadakkavu conducted a search at the house No.I/4147 of Kozhikode Corporation at about 1.30 p.m. on 31.10.2000, the accused, as the occupant of the said house, was found possessing 2 litres of arrack in a plastic can. The plastic can containing arrack was seized as per a search list by the Additional Sub Inspector, and the accused was arrested on the spot. On the basis of the arrest and seizure, a crime was registered, and after investigation, the police submitted final report in court under Section 55(a) of the Act. The accused appeared before the learned trial Judge, and pleaded not guilty to the charge framed against her.

(2.) The prosecution examined 11 witnesses, and proved Exts.P1 to P18 documents in the trial court. The accused denied the incriminating circumstances, when examined under Section 313 Cr.P.C. The accused did not adduce any evidence in defence. On an appreciation of the evidence, the trial court found the accused guilty. On conviction, she was sentenced to undergo simple imprisonment for two years, and to pay a fine of Rs. 1 lakh.

(3.) Aggrieved by the judgment of conviction dated 22.6.2004, the accused approached the Court of Session, Kozhikode with Crl.A. No.457/2004. In appeal, the learned Additional Sessions Judge (Adhoc)-II, Kozhikode confirmed the conviction, but reduced the jail sentence to simple imprisonment for one year. The fine sentence, with the default sentence thereon, was maintained. Now, the accused is before this Court in revision, challenging the legality and propriety of the conviction and sentence.