MADHUSOODHANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant herein challenges the conviction and sentence against him under Section 55(a) of the Kerala Abkari Act (for short "the Act") in S.C. No.1011 of 2000 of the Court of Session, Thiruvananthapuram. He is the first accused therein. He and the second accused faced trial before the learned Additional Sessions Judge (Adhoc-I), Thiruvananthapuram, on the allegation that at about 4.00 p.m. on 14.01.1999, they were found transporting 35 litres of arrack contained in a plastic can on the scooter No. KRT 7023. The first accused was the rider of the scooter, and the second accused was the pillion rider. The offence was detected by the Sub Inspector of Police, Thumba, during his usual patrol duty. He intercepted the vehicle, and interrogated the two accused. When he examined the plastic can found on the scooter, he found 35 litres of arrack therein. On seeing the police party, the second accused ran off and escaped, but the first accused was arrested on the spot, and the contraband article was seized as per a mahazar. On the basis of the arrest and seizure made by him, the Sub Inspector registered the crime, he himself conducted investigation, and also submitted final report in court.

(2.) The two accused appeared before the learned trial Judge, and pleaded not guilty to the charge framed against them under Section 55(a) of the Act. Instead of framing charge under Section 8(2) of the Act, charge was framed under Section 55(a) of the Act. The prosecution examined four witnesses, and proved Exts.P1 to P5 documents in the trial court. The MO1 property was also identified during trial.

(3.) The two accused denied the incriminating circumstances when examined under Section 313 Cr.P.C., and projected a defence of total denial. They did not adduce any evidence in defence.