SALI Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellant, who is the sole accused in S.C. No.462/2004 on the file of the Additional Sessions Court (Adhoc-III), North Paravur, challenges his conviction and sentence for the offence punishable under Section 8(2) of the Abkari Act (hereinafter referred to as 'the Act'), in this appeal. The trial court sentenced the appellant to undergo rigorous imprisonment for two years and to pay a fine of Rs.1,00,000/- (Rupees one lakh only) with a default sentence of rigorous imprisonment for a period of six months.

(2.) The appellant was charge sheeted before the committal court by PW5-Excise Inspector, North Paravur Excise Range, on 05.05.2001, on the allegation that he possessed and transported 1 1/2 litres of illicit arrack in two bottles of 750 ml each, kept in MO2 big-shopper bag in a place to the north of Royal Hut bus stop in Vadakkumpuram-Gothuruth road in Gothuruth kara in Chendamangalam village, within the limits of North Paravur police station.

(3.) The offence in this case was detected by PW1, the Excise Inspector, North Paravur Excise Range, when he and his squad party consisting of subordinate officials saw the appellant to be in possession of 1 1/2 litres of arrack in two bottles as mentioned above under suspicious circumstances on 05.05.2001, at 05.15 pm at the place of occurrence. PW1, after checking the contents in the bottles seized the bottles after making sure that the liquid was illicit arrack. The appellant was immediately arrested at 05.15 pm itself on the spot, allegedly in the presence of PW2 and PW3, the two independent witnesses. The bottles are stated to have been sealed and labelled in accordance with law, affixing the personal seal of PW1. Evidencing these official functions, Ext.P5 seizure mahazar was prepared by PW1. Exts.P1 and P2 arrest records are also claimed to have been prepared on the spot by PW1. He himself prepared Ext.P3, crime and occurrence report and produced the appellant and material objects before the committal court along with Ext.P4 property list. PW1 conducted part of the investigation also and caused Ext.P7 site plan to be prepared through PW4, village assistant, Chendamangalam village. Ext.P6 forwarding note also was submitted by Pw1, requesting the committal court to send 750 ml of liquor kept in the bottle for chemical analysis. Ext.P8 report from the chemical laboratory shows that the sample tested was illicit arrack. On these facts, the appellant was sought to be prosecuted before the Court by PW5, Excise Inspector, who succeeded the detecting officer.