THRESSIAKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant herein challenges the conviction and sentence against her under Section 58 of the Kerala Abkari Act (for short "the Act") in S.C. No. 586 of 2006 of the Court of Session, Thrissur. She faced trial before the learned Additional Sessions Judge (Adhoc-I), Thrissur, on the allegation that at about 6.15 p.m. on 24.02.2005, she was found possessing 7 litres of arrack in a plastic can of 10 litres capacity. The offence was detected by a Preventive Officer of the Excise Circle, Irinjalakuda. He arrested the accused on the spot, and seized the can allegedly containing arrack. On the basis of the arrest and seizure made by him, a Preventive Officer of the Irinjalakuda Excise Range registered the crime and occurrence report, and investigation was taken over by an Assistant Excise inspector of the said range. After such investigation, the Excise Inspector submitted final report in court.

(2.) The accused appeared before the learned trial Judge, and pleaded not guilty to the charge framed against her under Section 58 of the Act. Final report was filed by the Excise Inspector under Section 8(2) of the Act. Instead of framing charge under Section 8(2) of the Act, the trial court wrongly framed charge under Section 58 of the Act. The prosecution examined seven witnesses, and proved Exts.P1 to P6 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. She did not adduce any evidence in defence.