BABU Vs. STATE

JUDGEMENT

(1.) This case is taken up through video conferencing.

(2.) This petition is filed to suspend the the sentence and conviction imposed by the I Additional District Sessions Court, Thiruvallur, in Crl.Appeal No.56/2019, who vide its order dated 31.01.2020, allowed the appeal in part by modifying the judgment of the Assistant Sessions Court, Thiruvallur passed in S.C.No.109 of 2017, dated 02.03.2019.

(3.) It is the case of the prosecution that on 28.11.2015 at around 14.30 hrs., the police intercepted the petitioner and recovered from him 41 nos. of 180 ml. Brand bottles without label. The petitioner did not have any licence for possession of the same. Hence, the respondent-police registered a case in Crime No.771/2015, under the Tamil Nadu Prohibition Act 1937, and after completing the investigation, filed a final report in PRC.No.9/2015 before the Judicial Magistrate No.I, Tiruvallur. for the offence under Section 4(1)(a) r/w.4(1-A)(ii) of the Tamil Nadu Prohibition Act, 1937 against the petitioner. Thereafter, it was committed and was taken on file in S.C.No.109/2017, and was made to the Assistant Sessions Court, Tiruvallur, for trial. The trial Court framed charges against the petitioner/accused for the aforesaid offences and when he was questioned under Section 251 Cr.P.C., he denied the accusation.