BABU 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. No. 552 of 2004 of the Court of Session, Kozhikode. He faced trial before the learned Additional Sessions Judge (Adhoc-II), Kozhikode, on the allegation that at about 6.45 p.m. on 04.08.2002, he was found possessing four litres of arrack in a plastic can of five litres capacity. The offence was detected by a Preventive Officer of the Perambra Excise Circle, and the detection was made within the limits of the Balussery Excise Range which comes within the limits of the Perambra Excise Circle. The Preventive officer arrested the accused, and seized the contraband article as per a mahazar. He produced the accused and the properties at the Balussery Excise Range Office where an Assistant Excise Inspector registered the crime and occurrence report, received the accused and the properties, and also produced the accused and the properties in court. The inspector of the Range took over investigation, and he 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 six witnesses, and proved Exts.P1 to P7 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. He did not adduce any evidence in defence.