SANTHOSH Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused in S.C. No.1027/2006 on the file of the Additional Sessions Court (Fast Track-IV), Thiruvananthapuram, is the appellant. He was convicted of offence punishable under Section 55(a) of the Abkari Act, 1077 (for short, 'the Act') and sentenced to undergo Rigorous Imprisonment for three years and pay a fine of Rs.1,00,000/- with default sentence of Rigorous Imprisonment for another six months.

(2.) He was charge-sheeted by Additional Sub Inspector, Pettah Police Station on the allegation that the appellant possessed on 09.05.2004 at 8.30 pm 184 bottles of Indian Made Foreign Liquor(IMFL) of different brands and quantities in two carton boxes and three gunny bags concealed under the seats of Tempo van bearing No.KL 01 R 153 of which he was the driver.

(3.) The prosecution case is that while PW4, Sub Inspector of Police and other police officials of Pettah police station, were checking the vehicles passing through Venpalavattom-Pettah road, they came across the tempo van driven by the appellant at 8.30 pm on 09.05.2004 and on interception and search of the vehicle, the appellant was found to keep 184 bottles containing IMFL of different quantities and brands. A few of the bottles were opened and after being satisfied that the appellant did not have permit to possess and transport IMFL, he was immediately arrested at 9.00 pm on the spot itself in the presence of independent witnesses of the locality. Eight samples were collected in bottles of 375 ml each and the bottles as well as receptacles were sealed and labelled in accordance with law. Evidencing seizure of material objects and arrest of appellant, Ext.P1 seizure mahazar was prepared by PW4, attested by the independent witnesses. PW4 himself registered Ext.P2 First Information Report(FIR) against the appellant and produced the material objects incorporated in Exts.P3 to P4(a) property lists. The appellant was produced before the Additional Chief Judicial Magistrate Court, Thiruvananthapuram. The investigation of the case was later taken over by PW5, Additional Sub Inspector of Police and he submitted final report before the Committal Court after completing investigation.