BABY JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant herein challenges the conviction and sentence against him under Section 8(2) of the Kerala Abkari Act (for short "the Act") in S.C. No. 517 of 2005 of the Court of Session, Kozhikode. He faced trial before the learned Additional Sessions Judge, Vadakara, on the allegation that at about 12.40 p.m. on 08.07.2002, he was found possessing eight litres of arrack in a plastic can of ten litres capacity. The offence was detected by a Preventive Officer of the Nadapuram Excise Range. He arrested the accused, and seized the contraband article as per a mahazar. On the basis of the arrest and seizure, the Preventive Officer himself registered the crime and occurrence report, and he also produced the accused and the properties in court. The Excise Inspector conducted investigation, and submitted final report in court.

(2.) The accused appeared before the learned trial Judge, and pleaded not guilty to the charge framed against him. The prosecution examined six witnesses, and proved Exts.P1 to P6 documents in the trial court. The MO1 property was 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. He did not adduce any evidence in defence.