STATE OF KERALA Vs. P.M. SHIBULAL

JUDGEMENT

(1.) The State has brought this appeal with the leave of the court against the judgment of acquittal of the Court of Session, Thalassery dated 11.6.2012 in SC 246/2008. The 1st respondent is the accused therein. He faced trial before the learned Additional Sessions Judge (Adhoc)-II, Thalassery under Section 55(a) of the Kerala Abkari Act (for short "the Act") on the allegation that at about 7.00 a.m. on 14.10.2000, he was found transporting huge quantity of spirit contained in 226 cans of 35 litres capacity, in the Lorry No. KL-13/B-3344. The offence was detected by the Excise Inspector of the Oottupuzha Excise Check Post. The prosecution case is that when the Excise Inspector intercepted the vehicle for inspection, the driver ran off and escaped by abandoning the lorry and the contraband articles, and as per a mahazar, the articles were seized by the Excise Inspector. On the basis of the seizure made by him, the crime was registered by another Excise Inspector of the Excise Range Office, Mattannur.

(2.) The accused appeared before the learned trial Judge and pleaded not guilty to the charge framed against him. The prosecution examined four witnesses and proved Exts. P1 to P5 documents. The accused denied everything during trial. He did not adduce any evidence in defence.

(3.) On an appreciation of the evidence, the trial court found that the prosecution has failed to prove the identity of the person who ran off and escaped by abandoning the contraband articles, and that the investigation was conducted by an incompetent Excise official. Accordingly, the learned trial Judge acquitted the accused under Section 235(1) Cr.P.C.