THANKAMMA Vs. THE STATE OF KERALA

JUDGEMENT

(1.) The appellant herein challenges the conviction and sentence against her under Sections 55(b) and 8(2) of the Kerala Abkari Act (for short "the Act") in S.C. No. 266 of 2005 of the Court of Session, Palakkad. She faced trial before the learned Additional Sessions Judge (Adhoc-III), Palakkad, on the allegation that when a team of excise officials led by a Preventive Officer of the Excise Enforcement and Anti Narcotic Special Squad, Palakkad, conducted a search at her house at about 8.20 a.m. on 16.11.1999, on the basis of secret reliable information, she was found distilling arrack at her house. She was arrested on the spot by the Preventive Officer, and some quantity of wash and arrack was seized. After collecting the required sample of wash, the remaining quantity was destroyed, and the remaining quantity of arrack, after taking sample, was seized. On the basis of the arrest and seizure, the Circle Inspector of the Squad registered a crime at the Circle Office, and the crime was later re-registered at the Ottapalam Range by the Excise Inspector. After investigation, he submitted final report in court.

(2.) The accused appeared before the learned trial Judge, and pleaded not guilty to the charge framed against her. The prosecution examined five witnesses, and proved Exts.P1 to P11 documents in the trial court. The MO1 to MO4 properties were also identified during trial.

(3.) The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C., and projected a defence of total denial. She did not adduce any evidence in defence.