THOMAS JOSEPH S/O. JOSEPH Vs. STATE OF KERALA
LAWS(KER)-2017-5-3
HIGH COURT OF KERALA
Decided on May 25,2017

Thomas Joseph S/O. Joseph Appellant
VERSUS
STATE OF KERALA Respondents

JUDGEMENT

- (1.) The appellant herein faced prosecution before the Court of Session, Wayanad in S.C 347/2006 on the allegation that when the Excise Party led by the Circle Inspector of Excise, Sulthan Bathery Circle inspected the Mini Bus No.KL-12B 3499 on the public road in front of the Perikalloor High School, the appellant, who was a passenger therein, was found possessing huge quantity of arrack imported from the State of Karnataka, contained in 250 packets of 100ml capacity and carried in a big shopper placed between his legs while sitting on a seat. In the presence of the Driver and the Conductor of the said bus, the Excise Circle Inspector arrested the accused and seized 250 packets of arrack as per a seizure mahazar. The accused and the properties were produced by the Circle Inspector before the Sulthan Bathery Excise Range Office where an Excise Inspector registered the crime and occurrence report. He took over the investigation and also submitted final report before the Judicial First Class Magistrate Court-II, Sulthan Bathery under Sections 55 (a) and 8 (2) of the Kerala Abkari Act. After complying with the procedure prescribed under the law, the learned Magistrate committed the case to the Court of Session, from where it was made over to the learned Additional Sessions Judge (Adhoc) I, Kalpetta for trial and disposal.
(2.) The accused appeared before the trial court and pleaded not guilty to the charge framed against him under Sections 8(2) and 55 (a) of the Act. The prosecution examined five witnesses in the trial court, and proved Exts.P1 to P7 documents. The MO1 to MO3 properties were also identified during trial.
(3.) When examined under Section 313 Cr.P.C, the accused denied the incriminating circumstances and submitted that a false case was foisted against him to help the Driver and the Conductor of the bus, who actually illegally transported huge quantity of arrack. No evidence was adduced in defence by the accused.;


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