SATHEESH Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the sole the accused in S.C. No.703/2006 before the Additional Sessions Judge (Ad-hoc) Fast Track Court-II, Pathanamthitta. He challenges the order convicting him for offence punishable under Section 8(2) of the Abkari Act, 1077 (for short 'the Act') and sentence for Rigorous Imprisonment for one year and payment of fine of Rs.1,00,000/- with default sentence of Simple Imprisonment for six months.

(2.) He was charge-sheeted by Sub Inspector of Police, Keezhvaipur before the Committal Court on the allegation that on 19.04.2005 at about 5.50 pm, he was found in possession of one litre of arrack kept in MO1 plastic bottle and a glass tumbler in a pathway lying on the southern side of a rubber estate owned by 'Subhash Pamala at Muthukudichal in Kunnathanam village.

(3.) The prosecution case is that patrol party consisting of PW4, Sub Inspector of Police, Keezhvaipur and his subordinate officers, including PW3, Police Constable attached to the same police station came across appellant on 19.04.2005 at about 5.50 pm at the aforesaid place of occurrence and intercepted him and on inspection of MO1 plastic bottle of 1½ litres carried by him, it was found to contain one litre of arrack. The Detecting Officer took sample of 180 ml from the contents after being satisfied that it was arrack. The appellant was immediately arrested on the spot and Ext.P1 mahazar was prepared by PW4 on the spot itself in the presence of PWs 1 and 2, who are the attesting witnesses to the mahazar.