Decided on December 13,2017

Y.Rama Naik Appellant


- (1.) The revision petitioner herein challenges the conviction and sentence against him under Section 55 (a) of the Kerala Abkari Act (for short" the Act") in S.C 441/1999 of the Court of Session, Kasaragod. He faced prosecution in the trial court on the allegation that at about 7 p.m on 19.3.1998, he was found possessing huge quantity of arrack contained in two plastic cans at the property of one Manku, within the limits of the Badiadka Police Station. The offence was detected by the Sub Inspector of Police, Badiadka. He arrested the accused on the spot, and seized the plastic can containing arrack. On the basis of the arrest and seizure, he registered the F.I.R, he investigated the case, and he submitted final report also in court. The accused appeared before the learned Assistant Sessions Judge, Kasaragod and pleaded not guilty to the charge framed against him under Section 55 (a) of the Act.
(2.) The prosecution examined five witnesses in the trial court, and proved Exts.P1 to P8 documents. The MO1 and MO2 properties were also identified during trial. When examined under Section 313 Cr.P.C, the accused denied the incriminating circumstances and projected a defence that he has nothing to do with the properties produced by the Police in this case. He did not adduce any evidence in defence.
(3.) On an appreciation of the evidence, the learned trial Judge found the accused guilty. On conviction, he was sentenced to undergo rigorous imprisonment for three years, and to pay a fine of 1 lakh by judgment dated 13.11.2003. Aggrieved by the judgment of conviction, the accused filed Crl.A 469/2003 before the Court of Session. In appeal, the learned Additional Sessions Judge (Adhoc-II), Kasaragod confirmed the conviction, but modified and reduced the sentence. Accordingly, the jail sentence was reduced to simple imprisonment for one year. Now the accused is before this Court in revision challenging the legality and propriety of the conviction and sentence against him on the ground that there is absolutely no legal evidence to connect him with the properties involved in this case.;

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