- (1.) This appeal is directed against the judgment and order passed by the High Court of Kerala at Ernakulam in Criminal Appeal No. 941 of 2003, dated 06.08.2009, whereby the High Court has upheld the order of conviction and modified the sentence passed by the Trial Court in Sessions Case No. 57 of 2002, dated 30.04.2003. The prosecution's case is as follows: On 14.05.2000, the Appellant, while exiting the Fortkochi-Vyppin ferry jetty, was apprehended by a police patrol led by the Circle Inspector of Police, Njarakkal Police Station (PW-4) and, on a search being made, a carton containing 12 bottles of 750 ml each of Indian-made foreign liquor were found in his possession. The said contraband was seized by PW-4 under a Mahazar and the Appellant was arrested. Samples were taken from each of the 12 bottles and forwarded to the Sub-inspector of Police, Njarakkal Police Station (PW-5) for further action. A case was registered against the Appellant as Crime No. 168 of 2000.
(2.) Thereafter, on the Appellant appearing before the Trial Court, charges were framed against him for the offence punishable Under Section 55(a) of the Abkari Act, 1077 (for short, "the Act"). On the Appellant pleading not guilty, the case was committed to trial.
(3.) The prosecution examined six witnesses and produced nine documents and three material objects, while no evidence was adduced by the defense. The Appellant's statement was recorded Under Section 313(1)(b) of the Code of Criminal Procedure (for short, "the Code") wherein he stated that he had been falsely implicated.;