SHAJI S/O DEVASYA, Vs. STATE OF KERALA

JUDGEMENT

(1.) THE appellants are accused Nos. 1, 3 and 4 against whom, charge -sheet was laid by police for offences under Sections 55(a), (g) and 8 (1) and (2) of Abkari Act. They were convicted and sentenced under the above said Sections to undergo rigorous imprisonment for four years each and to pay fine of Rs. One lakh each. On default of payment of fine, they were sentenced to undergo rigorous imprisonment for one year each. The said conviction and sentence are challenged in this appeal. (Accused Nos. 3 and 4 are still in jail).

(2.) ACCORDING to prosecution, on 10.12.2004 in the evening, PW3, the Sub Inspector, along with police party were on patrol duty and he received reliable information that arrack was being manufactured and hence, he proceeded to the place of occurrence at about 4.30 p.m. The police party reached the scene which is in a cardamom estate, and they saw accused Nos. 1 to 4 engaged in manufacture of arrack. 5 litres of arrack and 1500 litres of wash were seized from the scene under a mahazar. Arrack was found in MO1, can. Wash was seen in 4 jars having a capacity of 200 litres, 5 jars having a capacity of 100 litres, and 1 iron barrel having capacity of 200 litres. Samples were drawn from the arrack in two bottles and samples of wash were also taken in two bottles. The utensils found at the scene, which were used for manufacturing liquor were also seized. The accused was arrested from the spot. The mahazar Ext.P1 was prepared at the scene.

(3.) TO prove the prosecution case, PWs. 1 to 4, Ext.P1 to P9, M Os 1 to 12 and Exts.D1 and D2 series were marked. On an analysis of the evidence adduced, learned Additional Sessions Judge found that the prosecution established that accused were engaged in manufacturing arrack and they were in possession of the implements for manufacturing arrack and that wash was also prepared for it. The lower court held that 3 litres of arrack were found in possession of the accused and the accused were convicted for all the offences, for which they were charge -sheeted.