VISWANATHAN T N Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein is the first accused in S.C. No. 258 of 2006 of the Court of Session, Wayanad. He faced trial before the learned Additional Sessions Judge (Adhoc-II), Kalpetta, along with another person on the allegation that when the Excise Party led by the Circle Inspector of Excise attached to the Special Excise Squad intercepted the car No. DL-2C-4838 driven by the appellant at Noolpuzha, as part of regular checking at about 9.00 p.m. on 09.10.2004, the accused was found transporting 390 litres of spirit contained in 13 plastic cans of 35 litres capacity. The accused were arrested on the spot, and the contraband articles, including the vehicle, were seized as per a mahazar by the Excise Circle Inspector. On the next day, he produced the accused and the properties at the Sulthan Bathery Excise Range Office where the Excise Inspector registered the crime and occurrence report. The Circle Inspector of the Sulthan Bathery Excise Circle conducted investigation, and later, it was continued by the Excise Inspector of the concerned range. He submitted final report also in court.

(2.) The accused appeared before the learned trial Judge, and pleaded not guilty to the charge framed against him under Section 55(a) of the Kerala Abkari Act (for short "the Act"). The prosecution examined four witnesses, and proved Exts.P1 to P10 documents in the trial court.

(3.) The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C., and projected a defence that this is a false case. In defence the accused examined four witnesses, and also proved Exts.D1 to D5 documents. As the properties had already been produced before the authorised officer during investigation, there was no property to be identified in court during trial.