VISWANATHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) In this Abkari case charge sheeted by the Sub Inspector of Police, Pathanapuram, Additional Sessions Judge (Abkari), Kottarakara, convicted the sole accused in S.C.No.233/2012 for offence punishable under Section 55(g) of the Abkari Act and sentenced him to undergo simple imprisonment for two years and to pay fine of Rs.1 lakh with default sentence of Simple Imprisonment for another six months.

(2.) The prosecution case is that the police party consisting of PW5 the Assistant Sub Inspector of Police, Pathanapuram, and his subordinates came to the residential house of the appellant named Alayil Veedu, Padayanippara on 5.3.2000 at 10.15 p.m. on getting secret information about his criminal activities and found him keeping in his possession 28 ltrs of wash concealed in MO1 Aluminium vessel of 30 ltrs inside the house. PW4 Police Constable attached to the same Police Station was also present along with PW5 and after testing the contents in MO1, 600 ml of sample of wash was taken in a separate bottle of 750 ml. The appellant was arrested immediately on spot in the presence of independent witnesses, who are Pws.1 to

(3.) Evidencing seizure of wash, material objects and arrest of the appellant, Ext.P1 seizure mahazar was prepared by PW5,the Detecting Officer. He prepared Ext.P2 custody memo and registered Ext.P3 crime also. The material objects were later produced in Judicial First Class Magistrate Court-III, Punalur, along with the appellant. The investigation of the case was taken over by PW6 Sub Inspector of Police and he after being satisfied with the test result of wash sent to Chemical Laboratory, submitted final report before the Committal Court.