GRACY Vs. STATE OF KERALA

JUDGEMENT

(1.) The appeal is filed challenging the judgment of the trial court by which the appellant stands convicted for the offence under Section 55 (i) of the Abkari Act and is sentenced to undergo simple imprisonment for six months and to pay fine of Rs.1,00,000/- with default sentence of simple imprisonment for two months.

(2.) The prosecution allegations, which led to the conviction of the appellant, are as follows:- On 29.08.2005, PW3; the Sub Inspector of Kanjar Police Station, while on patrol duty, got information that the accused was selling liquor from her house. Thereupon, PW3 proceeded to the spot along with police party, including women police constables. On reaching near the house of the accused, the police party found the accused pouring some liquid from a bottle into a glass, adding water to it and handing over the glass to a person who was standing outside the veranda of the house. That person drank the contents of the glass and give it back to the accused along with some money, which she kept inside her purse. By the time, the police party reached the house of the accused, the person who drank from the glass ran away. On examination of the bottle in the possession of the accused, it was found to be a bottle of 1.5 litres capacity containing 1.350 litres of Indian Made Foreign liquor. An amount of Rs.50/- was found inside the purse. From out of the bottle, sample was drawn and sealed. The bottle containing the liquor, the glass, the bottle containing water and the purse containing five ten rupee notes were seized and the accused arrested. The sample, when subjected to chemical analysis, was found to contain 42.17% by volume of ethyl alcohol.

(3.) In order to prove the prosecution case, PW 1 to PW5 were examined and Exts.P1 to P8 marked in evidence. On the defence side, DW1 was examined and Ext.D1 marked. MO1 to MO6 are the liquor, cash and other items seized from the scene of occurrence.