NOUSHAD Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant herein challenges the conviction and sentence against him under Sections 8(2) and 55(a) of the Kerala Abkari Act (for short "the Act") in S.C. No. 1234 of 2004 of the Court of Session, Thiruvananthapuram. He faced trial before the learned Additional Sessions Judge (Adhoc-I), Thiruvananthapuram, on the allegation that at about 5.30 p.m. on 08.04.2000, at Kappil in front of the SNDP Sakha Mandiram, he was found possessing 2.100 litres of arrack in 14 plastic covers of 150 ml capacity. The offence was detected by a Preventive Officer of the Varkala Excise Range. He arrested the accused on the spot, and seized the packets allegedly containing arrack. He produced the accused and the properties at the Excise Range Office where the Excise Inspector registered the crime and occurrence report. Another 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 five witnesses, and proved Exts.P1 to P7 documents in the trial court. The MO1 and MO2 properties were also identified during trial.

(3.) The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C. He did not adduce any oral evidence, but Exts.D1 and D2 were marked on his side.