IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 4TH FEBRUARY 2008 / 15TH MAGHA 1929 Crl.Rev.Pet.No. 245 of 2008() ----------------------------- CRA.65/2001 of ADDL.SESSIONS JUDGE SC.260/1999 of ASSISTANT SESSIONS COURT, HOSDRUG .................... REVN. PETITIONER: APPELLANT/ACCUSED: ------------------------------------ K. DASAN, AGED 66 YEARS, S/O. HANUMAYYA, RESIDING AT MOOLAKANDAM CHAKLIYA COLONY, AJANUR VILLAGE, P.O. AHADASHRAM, HOSDURG TALUK. BY ADV. SMT.T.SUDHAMANI RESPONDENTS: RESPONDENT/COMPLAINANT: ------------------------------------ THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 04/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.R.P.No.245 of 2008 = = = = = = = = = = = = = = Dated this the 4th day of February, 2008 ORDER The revision petitioner has been concurrently convicted by the courts below for an offence punishable under Section 55(a) of the Kerala Abkari Act for allegedly having been found in possession of 5 litres of illicit arrack on 30.9.1997. 2. PW5 is the officer who detected the offence. He was a member of the Special squad of which PW6 was also a member. Both the witnesses gave evidence in support of the prosecution case. According to the prosecution, the detection was at 10 a.m on 30.9.1997. The revision petitioner was carrying the contraband arrack measuring 5 litres and waiting for the bus in the bus waiting shed at Mavungal. Samples taken from the contraband arrack were sent to the committal Magistrate and on the basis of Ext.P4-forwarding note, samples were forwarded to the Chemical Examiner for analysis. The samples reached the hands of the Chemical examiner in a tamper proof condition and the samples, after analysis, were found to contain ethyl alcohol and answering the description of arrack as evidenced by Ext.P5 Crl.R.P.No. 245 of 2008 2 Chemical Analysis Report. The revision petitioner was accordingly convicted of the offence and sentenced to rigorous imprisonment for a period of two years and to pay a fine of Rupees one lakh and on default to pay the fine to undergo simple imprisonment for two months. The conviction was confirmed by the lower appellate court as per the impugned judgment, however, that court reduced the sentence to simple imprisonment for one year and to pay a fine of Rupees one lakh. It is the said judgment which is assailed in this revision. 3. Even though the learned counsel appearing for the revision petitioner assailed the conviction recorded against the revision petitioner, the conviction was entered after a careful evaluation of the oral and documentary evidence in the case. The fact that the MO1- jerry can, at the time of trial, (which took place years after detection) was found to be empty is not a ground to dislodge the conviction. With effect from 03.06.97 arrack has been totally banned in the State. Possession of even one ounce of arrack amounts to an offence punishable under Section 55(a) of the Kerala Abkari Act. The sample taken is enough to prove the prosecution case. Accordingly, the Sessions Crl.R.P.No. 245 of 2008 3 Court has rightly confirmed the conviction entered. The modification of the sentence is also fully justified. I find no reason to allow the prayer of the petitioner for acquittal. This revision is accordingly dismissed. V. RAMKUMAR, JUDGE sj .