SAJI Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant herein is the first accused in S.C. No. 452 of 2005 of the Court of Session, Thodupuzha. He challenges the conviction and sentence against him under Sections 55(a) and 8(2) of the Kerala Abkari Act (for short "the Act"). He faced trial along with the second accused on the allegation that when a police party led by the Sub Inspector of Police, Kanjikuzhy, conducted a search at his house, at about 1.30 a.m. on 26.08.2004 on the basis of secret reliable information, he was found possessing some quantity of arrack contained in three bottles of 750 ml capacity and one bottle of one litre capacity. The accused was arrested on the spot, and the contraband articles were seized. As the person found there assisting the first accused, the second accused was also arrested by the Sub Inspector. On the basis of the arrest and seizure, he registered the crime, and made initial investigation. Another Sub Inspector continued investigation, closed it, and submitted final report in court under Sections 55(a) & (g) and 8(2) of the Act.

(2.) The two accused appeared before the learned Additional Sessions Judge (Special Judge for NDPS Act Cases), Thodupuzha, and pleaded not guilty to the charge framed against them. The prosecution examined five witnesses, and proved Exts.P1 to P12 documents in the trial court. The MO1 to MO5 properties were also identified during trial.

(3.) The two accused denied the incriminating circumstances when examined under Sec. 313 Crimial P.C., and projected a defence of total denial. The first accused even contended that the contraband articles were seized by the Sub Inspector at an abandoned house, and that he has nothing to do with the said house. In defence, the accused examined a witness as DW1.