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. 124 OF 2014 AGAINST THE JUDGMENT DATED 09/01/2014 IN SC NO.538 OF

2012 ON THE FILE OF THE COURT OF SESSION, THODUPUZHA APPELLANT/ACCUSED MOHANDAS AGED 66 YEARS, S/O.MATHAI, ARACKAL HOUSE, VENGALLOR KARA, MANACKADU VILLAGE, THODUPUZHA TALUK.

BY ADV ANIL K.MUHAMED RESPONDENT/COMPLAINANT:

STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

SRI.VIPIN NARAYAN, 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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Crl.Appeal No.124 of 2014 ---------------------------------------------

Dated this the 21^st day of February 2025

J U D G M E N T

In this appeal filed under Section 374 (2) Cr.P.C., the appellant who is the sole accused in S.C.No.538 of 2012 on the file of the Court of Session, Thodupuzha, challenges the conviction entered and sentence passed against him for the offence punishable under Section 55(i) of the Kerala Abkari Act, 1 of 1077 (the Act).

2. The prosecution case is that on 15/12/2011 at

07:45 a.m., the accused was found illegally selling liquor at his house in Vengalloor kara, Manackadu Village, Thodupuzha Taluk.

3. Crime No.52/2011 Excise Range Office, Thodupuzha, that is, Ext.P7 crime and occurrence report was registered by PW4 when PW5, the detecting officer produced the accused, material objects and the connected documents relating to the case. PW4 conducted the investigation and on completion of the investigation submitted the final report before the court alleging the commission of the offence punishable under the aforementioned Section by the accused.

4. On appearance of the accused, the jurisdictional magistrate after complying with all the necessary formalities contemplated under Section 209 Cr.P.C., committed the case to the Court of Session, Thodupuzha. The case was taken on file as S.C.No.538/2012 and made over to the Additional Sessions Judge-III (Adhoc-I), Thodupuzha, for trial and disposal.

5. On behalf of the prosecution, PW1 to PW6 were examined and Exts.P1 to P12 and MO.1 to MO.6 were marked. 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.

6. As the trial court did not find it a fit case to acquit the accused under Section 232 Cr.P.C., he was asked to enter on his defence and adduce evidence in support thereof. No oral or documentary evidence was adduced by the accused.

7. 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(i) of the Act and hence sentenced him to simple imprisonment for a period of one year and to a fine of ₹1,00,000/- and in default to simple imprisonment for three months. Set off under Section 428 Cr.P.C. has been allowed.

Aggrieved, the accused has come up in appeal.

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

9. Heard both sides.

10. PW5, Assistant Excise Inspector, Thodupuzha Excise Range, deposed that on 15/12/2011 while he along with party were on patrol duty, he got reliable information about the illegal sale of liquor by the accused at his residence. Therefore, he prepared a search memo and forwarded the same to the court and then he along with the party and witnesses proceeded to the house of the accused. When they reached in front of the house of the accused, he found the accused standing in the veranda of the house holding a bottle and pouring liquid from the bottle to a gla