K. MOHANAN 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 ('the Act' for short) in C.C 18/1997 of the Judicial First Class Magistrate Court-IV, Kozhikode. He faced prosecution in the court below on the allegation that at at about 2.10. a.m on 15.5.1996 near the Korapuzha Bridge, the petitioner was found possessing some quantity of Indian made Foreign Liquor contained in 24 bottles of 375 ml capacity. The offence was detected by the Sub Inspector of Police, Elathoor. He arrested the accused on the spot, and seized the liquor bottles as per a mahazar. He registered the crime on the basis of the arrest and seizure, and investigation was made by a Head Constable. The Sub Inspector verified the investigation and submitted final report in court.

(2.) The accused appeared before the learned Magistrate and pleaded not guilty when the substance of the accusation was read over and explained to him. The prosecution examined five witnesses in the trial court and proved Exts.P1 to P5 documents. The MO1 to MO3 properties were also identified during trial. The accused did not adduce any evidence in defence.

(3.) On an appreciation of the evidence, he was found guilty by the trial court. On conviction, he was sentenced to undergo simple imprisonment for two years, and to pay a fine of Rs. 25,000/- by judgment dated 30.12.2000. Aggrieved by the judgment of conviction, the accused approached the Court of Session, Kozhikode with Crl.A.30/2001. In appeal, the learned II Additional Sessions Judge confirmed the conviction, but reduced the sentence. Accordingly, the jail sentence was reduced to simple imprisonment for one year.