DURAIRAJ Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant herein challenges the conviction and sentence against him under Sections 8(2) and 55(a) of the Kerala Abkari Act (for short "the Act") in S.C. No. 94 of 2005 of the Court of Session, Thodupuzha. He faced trial before the learned Additional Sessions Judge (Adhoc-II), Thodupuzha, on the allegation that when an Excise team led by the Assistant Excise Inspector of the Devikulam Excise Range conducted a search at his house No. XIII/926 at Thenmanla Lower Division, he was found possessing huge quantity of arrack contained in four plastic cans. The Assistant Excise Inspector arrested the accused on the spot, and seized the plastic cans containing arrack as per a search list and a detection mahazar. He produced the accused and the properties at the Excise Range Office where the Excise Inspector registered the crime and occurrence report. Another Excise Inspector took over investigation, and yet another Inspector 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 four witnesses, and proved Exts.P1 to P8 documents in the trial court. The MO1 and MO2 properties were 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.