GIREESH @ MANOJ, S/O RAVEENDRAN Vs. STATE OF KERALA THROUGH S I OF POLICE, KOTTARAKKARA, REPRESENTED BY PUBLIC PROSECUTOR,, HIGH COURT OF KERALA, ERNAKULAM

JUDGEMENT

(1.) The appellant is the accused in the case S.C.No.84/2002 on the file of the Court of Session, Kollam. The appeal is filed assailing the conviction entered and sentence passed against him under Sections 55(a) of the Abkari Act, 1077.

(2.) The prosecution case is that on 12.06.1998, at about 15.15 hours, when PW5 Sub Inspector conducted search of the house by name Raveendra Sadanam situated in Ward No.II of Vettikkavala Panchayat in which the appellant was residing, the Sub Inspector found five cans, each containing 20 litres of spirit, in the house. PW5 Sub Inspector took samples of the liquid from the cans and seized the cans containing the residue as per Ext.P2 search list. The appellant ran out of the house and escaped and therefore, the Sub Inspector could not arrest him. It is alleged that the appellant had possessed and stored the spirit in the house for sale.

(3.) The appellant pleaded not guilty to the charge framed by the trial court under Sections 55(a) and 55(i) of the Abkari Act. The prosecution examined PW1 to PW5 and marked Exts.P1 to P6. No evidence was adduced by the appellant. The trial court found the appellant not guilty of the offence punishable under Section 55(i) of the Abkari Act and acquitted him of that offence. The trial court found the appellant guilty of the offence punishable under Section 55(a) of the Abkari Act and convicted him thereunder and sentenced him to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.1,00,000/- and in default of payment of fine, to undergo rigorous imprisonment for a period of one year.