SUKUMARAN 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 (for short"the Act) in C.C 198/1998 of the Judicial First Class Magistrate Court-II, Kollam. He faced prosecution in the court below on the allegation that at about 11.30 a.m on 26.4.1997, he was found possessing some quantity of arrack contained in 25 Polythene covers, and carried in a plastic bag. The offence was detected by the Excise Inspector, Chathanur. He arrested the accused on the spot, and seized the packets as per a mahazar. After investigation, he 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 three witnesses, and proved Exts.P1 to P4 documents in the trial court. The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C., 1973 In defence, he examined two witnesses. The MO1 to MO3 properties were also identified during trial.

(3.) On an appreciation of the evidence, the trial court found the accused guilty. On conviction, he was sentenced to undergo simple imprisonment for six months, and to pay a fine of 25,000/- by judgment dated 5.10.2001. Aggrieved by the judgment of conviction, the accused approached the Court of Session, Kollam with Crl.A 237/2001. In appeal, the learned I Additional Sessions Judge, Kollam confirmed the conviction and sentence, and accordingly dismissed the appeal.