ANTONY @ TUK Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant herein challenges the conviction and sentence against him under Section 55(i) of the Kerala Abkari Act (for short "the Act") in S.C. No.406 of 2005 of the Court of Session, Thodupuzha.

(2.) He faced trial before the learned Additional Sessions Judge, Adhoc-II, Thodupuzha, on the allegation that when the Assistant Excise Inspector of the Kattappana Excise Range conducted a search at his bunk shop at Mali Kara near Vandanmedu at about 6.00 p.m. on 21.01.2002, on the basis of a secret reliable information, the accused was found possessing Indian Made Foreign Liquor contained in 24 bottles of 375ml capacity for illicit sale. The Assistant Excise Inspector arrested the accused on the spot, and seized the liquor bottles as per a mahazar. On the basis of the arrest and seizure, he himself registered the crime and occurrence report, and also produced the accused and the properties in Court. After a year, the Excise Inspector took over investigation, and he submitted final report in Court under Sections 55(a) and (i) of the Act.

(3.) The accused appeared before the learned trial Judge, and pleaded not guilty to the charge framed against him under Sections 55(a) and (i) of the Act. The prosecution examined four witnesses, and proved Exts.P1 to P6 documents in the trial court. The MO1 to MO3 properties were also identified during trial.