SANTHOSH KUMAR Vs. STATE OF KERALA AND OTHER

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 SC 260/2001 of the Court of Session, Alappuzha. He faced prosecution in the court below on the allegation that at about 6.30 P.M on 02.03.2000, near the V.P.M Threatre, Kayamkulam, he was found possessing 350 ml of arrack in a bottle. The offence was detected by a Preventive Officer of the Kayamkulam Excise Range. He arrested the accused and seized the bottle containing arrack. He produced the accused and the properties at the Excise Range Office, where an Excise Inspector registered the crime and occurrence report. Another Excise Inspector investigated the case and submitted final report in court.

(2.) The accused appeared before the learned Asst. Sessions Judge, Mavelikara and pleaded not guilty to the charge framed against him under Section 55(a) of the Act. Instead of framing a proper charge under Section 8 (2) of the Act, the charge was wrongly framed under Section 55(a) of the Act. The prosecution examined five witnesses and proved Exts.P1 to P7 documents in the trial court. The MO1 bottle was also marked during trial. The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C, but he did not adduce any evidence in defence.

(3.) On an appreciation of the evidence, the trial court found the accused guilty. On conviction he was sentenced to undergo simple imprisonment for two years and to pay a fine of 1,00,000/-. Aggrieved by the judgment of conviction dated 11.11.2003, the accused approached the Court of Session, with Crl.A No.438/2003. In appeal, the learned Additional Sessions Judge-I, Mavelikkara confirmed the conviction, but modified the sentence. Accordingly, the jail sentence was reduced to simple imprisonment for six months. Now the accused is before this Court in revision challenging the legality and propriety of the conviction and sentence.