K. VASANTHARAI @ VASANTHA Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant herein challenges the conviction and sentence against him under Section 55(a) of the Kerala Abkari Act (for short "the Act") in S.C 225/2005 of the Court of Session, Kasaragod. He faced trial before the learned Additional Sessions Judge (Adhoc-I), Kasaragode on the allegation that at about 6.55 p.m on 17.6.2004, he was found possessing some quantity of arrack contained in 200 packets of 100 ml capacity. The offence was detected by the Sub Inspector of Police, Badiadka. He arrested the accused on the spot, and seized the contraband articles as per a mahazar. On the basis of the arrest and seizure, he registered the crime, and he also produced the accused and the properties in court. Later, the Sub Inspector of Police, Adhur investigated the case as authorised by the Deputy Superintendent of Police.

(2.) The accused appeared before the learned trial Judge, and pleaded not guilty to the charge framed against him under Section 55 (a) of the Act. The prosecution examined six witnesses and proved Exts.P1 to P9 documents in the trial court. The MO1 to MO3 properties were also identified during trial. The accused denied the incriminating circumstances and projected a defence of total denial. 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 rigorous imprisonment for one year, and to pay a fine of ₹1 lakh by judgment dated 14.6.2006. Aggrieved by the judgment of conviction, the accused has come up in appeal.