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KERALA HIGH COURT
K. Vinod Chandran, J
Viju @ Vijayan v. State-Excise Inspector Kalpetta
| Table of Content |
|---|
| 1. the judgment reviews the implications of the abkari act on conviction. (Para 1 , 2 , 3 , 4 , 5) |
| 2. the evidence presented for and against the accused is examined. (Para 6 , 7) |
| 3. possession must be tied to intent. (Para 12 , 13 , 14 , 20) |
| 4. reliance on confession must adhere to evidentiary standards. (Para 17 , 21 , 25) |
| 5. final judgement concludes with acquittal of the accused. (Para 27) |
1. Challenge in this appeal is to the judgment dated 02/12/2008, passed by the Additional Sessions Judge - II, Kalpetta, in SC.No.13/2006.
2. By the impugned judgment, the appellant (accused No.2) was convicted of the offence punishable under S.55(g) of the Abkari Act .
3. The prosecution case is that, on 10/11/2003 at about 04.00 P.m., the appellant and the other accused were found transporting 250 kg of Jaggery, 1½ kg of Navasaram and 200 grams of Tatiripoovu through the Chooramal - Kappikadu estate road for the purpose of distilling arrack. On 17/11/2003, based on the confession given by the appellant, the Excise Inspector, Kalpetta (PW1) recovered wash and other utensils from a nearby rocky area.
4. After completion of the investigation, the final report was submitted against the
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