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2020 Supreme(Online)(KER) 42113

HIGH COURT OF KERALA
B.SUDHEENDRA KUMAR, J
KRISHNAN – Appellant
Versus
STATE OF KERALA – Respondent


O R D E R

The revision petitioner was convicted and sentenced concurrently by the courts below under Section 8(2) of the Abkari Act.

2. Heard.

3. The prosecution allegation is that on

21.08.2009 at about 3 pm, the revision petitioner was found in possession of 4 litres of arrack inside his house, in contravention of the provisions of the Abkari Act. The revision petitioner was arrested from the spot. The contraband articles were also seized from the spot.

4. PW1 and PW2 were the independent witnesses examined by the prosecution to prove the occurrence. They supported the prosecution case with regard to the arrest of the revision petitioner from the house. They also admitted the signature in Ext.P1 seizure mahazar. PW3 was the Excise Inspector, who detected the offence. He seized the contraband and arrested the revision petitioner. He also had taken the sample from the contraband. PW4 was the Panchayath Secretary, who was examined to prove Ext.P10 ownership certificate of the house. PW5 was the Village Officer, who proved Ext.P11 site plan.

5. The courts below correctly appreciated the oral and documentary evidence and concurrently found that the revision petitioner committed the offence

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