IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE C.S. SUDHA FRIDAY, THE 21^ST DAY OF FEBRUARY 2025 / 2ND PHALGUNA, 1946 CRL.A NO. 98 OF 2014 AGAINST THE JUDGMENT DATED 23.12.2013 IN SC NO.723 OF

2012 ON THE FILE OF THE COURT OF SESSION, KASARAGOD.

APPELLANT/ACCUSED:

B.K.NARAYANAN @ MEESA NARAYANAN, AGED 61 YEARS, S/O.KOTTAN, KARAKKUZHI, AJANUR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT.

BY ADVS.

SRI.T.K.VIPINDAS SRI.K.M.MUHAMMED HUSSAIN SRI.K.V.SREE VINAYAKAN RESPONDENT/COMPLAINANT:

STATE OF KERALA, RTEPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

REPRESENTING BY THE EXCISE INSPECTOR, HOSDURG EXCISE RANGE.

BY ADV.

SMT. SHEEBA THOMAS, PUBLIC PROSECUTOR THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON

17.02.2025, THE COURT ON 21.02.2025 DELIVERED THE FOLLOWING:

C.S.SUDHA, J.

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Criminal Appeal No.98 of 2014 ------------------------------------------------------

Dated this the 21^st day of February 2025

J U D G M E N T

This appeal under Section 374(2) Cr.P.C. has been filed by the appellant, the sole accused in S.C.No.723 of 2012 on the file of the Court of Session, Kasaragod challenging the judgment dated 23/12/2013 by which he has been convicted and sentenced for the offence punishable under Section 55(a) of the Kerala Abkari Act, 1 of 1077 (the Act).

2. The prosecution case is that on 28/12/2010 at about

04:30 p.m., the accused was found transporting 30 bottles of Indian Made Foreign Liquor (IMFL) having capacity of 180 ml each meant for sale in Puthuchery State alone for sale in Kerala in contravention of the provisions of the Act at a place called Karakuzhi on the eastern side of Moolakkandam-Vellikoth road, Ajanur Village, Hosdurg Taluk. Hence, the accused as per the final report/charge sheet is alleged to have committed the offence punishable under the aforementioned Section.

3. On the final report being submitted, the jurisdictional magistrate after complying with the statutory formalities, committed the case to the Court of Session, Kasaragod, which took the case on file as S.C.No.723/2012. The case was then made over to the Additional District and Sessions Judge-III, Kasaragod for trial and disposal. On appearance of the accused before the trial court, a charge under Section 55(a) of the Act was framed, read over and explained to the accused to which he pleaded not guilty.

4. On behalf of the prosecution, PW1 to PW5 were examined and Exts.P1 to P13 were marked in support of the case. After the close of the prosecution evidence, the accused was questioned under Section 313(1)(b) Cr.P.C. with regard to the incriminating circumstances appearing against him in the evidence of the prosecution. The accused denied all those circumstances and maintained his innocence.

5. On a consideration of the oral and documentary evidence and after hearing both sides, the trial court by the impugned judgment found the accused guilty of the offence punishable under Section 55(a) of the Act and hence sentenced him to rigorous imprisonment for two years and to a fine of ₹1,00,000/- and in default to rigorous imprisonment for a period of six months. Set off under Section 428 Cr.P.C. has been allowed. Aggrieved, the accused has come up in appeal.

6. The only point that arises for consideration in this appeal is whether the conviction entered and sentence passed against the accused/appellant by the trial court are sustainable or not.

7. Heard both sides.

8. I briefly refer to the evidence on record relied on by the prosecution in support of the case. PW4, Excise Inspector, Excise Special Squad, Kasaragod deposed that on 28/12/2010 he was on patrol duty in the department jeep along with his party. By about 04:15 p.m. while they reached in front of the office of the DYFI, Karakuzhi situated by the side of Moolakkandam-Vellikoth road, they saw the accused coming from the opposite direction carrying a white plastic sack. On seeing the excise party, the accused