PANTHANTA NARAYANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellants herein are the two accused in S.C. No. 635 of 2011 of the Court of Session, Thalassery. They along with the driver of the auto rickshaw No. KL 59A 8614 (third accused) faced trial before the learned Additional Sessions Judge (Adhoc-III), Thalassery, on the allegation that at about 11.00 a.m. on 10.04.2010, the three were jointly found transporting 10 litres of arrack, contained in a plastic can, in the said auto rickshaw of the third accused. The offence was detected by a Preventive Officer of the Alakode Excise Range. He intercepted the auto rickshaw, and made inspection. He saw a plastic can on the rear seat of the auto placed in between two passengers sitting on the rear seat. When he opened the plastic can, he found full quantity of arrack. The Preventive Officer arrested the three accused, including the auto driver, and seized the contraband article as per a mahazar. On the basis of the arrest and seizure, he himself registered the crime and occurrence report, and also produced the accused and the properties in court. The Excise Inspector took over investigation, and submitted final report in court.

(2.) The three accused appeared before the learned trial Judge, and pleaded not guilty to the charge framed against them. The prosecution examined four witnesses, and proved Exts.P1 to P8 documents in the trial court. The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C. They did not adduce any evidence in defence.

(3.) On an appreciation of the evidence, the trial court found the 3rd accused not guilty, and accordingly he was acquitted. The passengers in the autorickshaw identified as the accused Nos.1 and 2 were found guilty by the trial court. On conviction, they were sentenced to undergo rigorous imprisonment for eighteen months, and to pay fine of Rs.1 lakh each. Aggrieved by the judgment of conviction dated 08.09.2015, the two accused have come up in appeal.