K RAVEENDRAN Vs. EXCISE INSPECTOR VADAKARA

JUDGEMENT

(1.) Challenge in these appeals is to the judgment of a learned Single Judge of the Kerala High Court. Before the High Court Criminal Revision Petitions were filed questioning correctness of the judgment passed by learned Sessions Judge Kozhikode upholding the conviction of the revision petitioners for offence punishable under Section 57A (iii) of the Abkari Act, 1967, described as (Act 1 of 1077) because the same was passed by the then Maharaja of Cochin on the 5th day of August, 1902 corresponding to the 31st day of Karkadagom 1077 and was extended to the whole of Kerala as per Act 10 of 1967. Each was convicted by learned Assistant Sessions Judge, Vadakara and sentenced to rigorous imprisonment for one year and to pay a fine of Rs. 10,000/- each with default stipulation. Lakshmanan N., the revisional petitioner No. 2 in two of the revision petitions before the High Court and the petitioner in one of the petitions was the licensee of arrack shops bearing Nos. 1 to 16 of Vadakara Range. Preventive officer PW 1 attached to the Vadakara Excise Range along with Excise Guards inspected the godowns and arrack shops of the licensee on 19.12.1988 and took samples for chemical examination. The samples were taken from the stocks of 6520 litres of arrack kept in 65 barrels, in the presence of the appellant No. 1. One of the samples collected from the godown was given to the licensee on proper acknowledgement. The sample of chemical examination as per the regional Chemical Examination Laboratory, Kozhikode, revealed the presence of Methyle alcohol, a noxious substance, the consumption of which is injurious to health. On the same day at another godown sample was collected where appellant Mohanan in Criminal Appeal No. 1265 of 2001 was the manager. During the pendency of the appeals before this Court, the licensee died. The samples were taken in three bottles in each case. Samples labeled as A & B were taken by the officer while bottle C was given to the salesman/manager as the case may be. Samples labeled A were sent for chemical analysis and the report is dated 25.1.1989. The presence of noxious substance was found. On 19.5.1989 the complaint was filed.

(2.) The stand of the accused persons was that the liquor in question was procured from the distillery Chittore Co-operative Sugar Mill (in short the Rs. Chiccopse). It was stated that earlier cases were instituted against Chiccopse and it was found that the role of Chiccopse in the supply of illicit liquor cannot be ruled out. Various documents were relied upon for this purpose. The courts below did not accept the stand and found the accused persons guilty and sentenced them as aforestated.

(3.) In support of the appeals learned Counsel for the appellant submitted that it is not the case of the prosecution that the licencee had got the liquor in question from any source other than Chiccopse. It was submitted that the First Information Report was also lodged on the basis of the Board of Revenues letter dated 13.1.1999 and the charge sheet has also been filed against officials of Chiccopse.