LATHA MOHAN Vs. TAHSILDAR R R

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.) The court framed charge against appellants under Sections 55(a) and (g) and 8(1) and (2) of Abkari Act. As per the details in the charge, accused were found in possession of 1000 litres of wash and other utensils used for manufacturing liquor and also 5 litres of arrack for the purpose of sale, on 10.12.2004 at about 4.30 p.m. (The accused was not charge-sheeted for manufacturing liquor).