UNNI @ NEPOLIAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant herein challenges the conviction and sentence against him under Section 8(2) of the Kerala Abkari Act (for short "the Act") in S.C 950/2006 of the Court of Session, Kollam. He faced trial before the learned Additional Sessions Judge (Adhoc) II, Kollam on the allegation that at about 6.15 p.m on 10.11.2000 at Perayam within the limits of the Kollam Excise Range, he was found possessing 4.5 litres of arrack in a plastic can of 5 litres capacity. The offence was detected by an Excise Inspector of the Excise Enforcement and Anti-Narcotic Special Squad, Kollam. He arrested the accused on the spot and seized the contraband articles as per a mahazar. On the basis of the arrest and seizure reported by the Excise Inspector, the crime and occurrence report was registered at the Kollam Excise Range by the Excise Inspector-in-charge of the Range. The Excise Circle Inspector, Kollam conducted investigation and submitted final report in court under Sections 55(a) and 8(2) of the Act.

(2.) The accused appeared before the learned trial Judge and pleaded not guilty to the charge framed against him under Section 8(2) of the Act. The prosecution examined five witnesses and proved Exts.P1 to P6 documents in the trial court. The MO1 and MO2 properties were also identified during trial. The accused denied the incriminating circumstances and projected a defence of total denial. He did not adduce any evidence in defence.

(3.) On an appreciation of the evidence, the trial court found the accused guilty. On conviction under Section 8(2) of the Act, he was sentenced to undergo rigorous imprisonment for two years and to pay a fine of ₹ 2 lakhs (Rupees Two lakhs only). Aggrieved by the judgment of conviction dated 30.06.2008, the accused has come up in appeal.