RAGHAVAN 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. 988 of 2004 of the Court of Session, Kozhikode. He faced trial before the learned Additional Sessions Judge (Adhoc-I), Kozhikode, on the allegation that at about 2.15 p.m. on 04.04.2003, he was found possessing 2.5 litres of arrack in a plastic can. The offence was detected by a Preventive Officer of the Excise Enforcement and Anti Narcotic Special Squad, Kozhikode, within the limits of the Balussery Excise Range. He arrested the accused on the spot, and seized the contraband article as per a mahazar. He produced the accused and the properties at the Excise Range Office where an Assistant Excise Inspector registered the crime and occurrence report. The Excise Inspector took over 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 P7 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.