JOHNY Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him under Section 8(2) of the Kerala Abkari Act (for short" the Act") in S.C 132/2003 of the Court of Session, Ernakulam. He faced trial before the learned Assistant Sessions Judge, Muvattupuzha on the allegation that at about 7.15 p.m on 4.2.2000, he was found possessing 1.5 litres of arrack in a plastic bottle. The offence was detected by a Preventive Officer of the Kothamangalam Excise Range. On the basis of the said detection, the Excise Inspector of the Range registered the crime and occurrence report. Another Excise Inspector took over investigation, and submitted final report in court, after investigation.

(2.) The accused pleaded not guilty to the charge framed against him in the trial court under Section 8(2) of the Act. The prosecution examined five witnesses in the trial court, and proved Exts.P1 to P11 documents. The MO1 bottle was also identified during trial by the detecting officer. The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C. He did not adduce any evidence in defence.

(3.) On an appreciation of the evidence, the trial court found the accused guilty. On conviction, he was sentenced to undergo simple imprisonment for one year, and to pay a fine of 1 lakh by judgment dated 18.1.2006. Aggrieved by the judgment of conviction, the accused approached the Court of Session, Ernakulam with Crl.A 155/2006. In appeal, the learned Additional Sessions Judge (Adhoc)- II, Ernakulam confirmed the conviction, but reduced the sentence. The substantive sentence was accordingly reduced to simple imprisonment for six months and the fine sentence was maintained. Aggrieved by the said judgment of appeal dated 4.1.2006, the accused has come up in revision challenging the legality and propriety of the conviction and sentence.