P.T.VIDYA SAGAR Vs. STATE OF KERALA

JUDGEMENT

(1.) This revision petition has been filed against the concurrent finding of guilt against the accused persons in crime No. 15/1997 of Peravoor Excise Range,Charge sheeted under Sec. 55(a) of the Abkari Act.

(2.) The prosecution case in brief is that on 1. 4. 1997 while PW4, the preventive officer, attached to Peravoor Excise Range and party, were conducting patrolling duty, got a reliable information regarding transport of liquor. After sending Ext. P4 search memorandum duly to the court,he conducted search in Premier Padmini Fiat car bearing registration No. KR-LD 4730 which was coming from Koothuparamba side. First Accused was driving the car and second accused was found inside the car on the rear seat. On inspection, 71 bottles of McDowell No. 1 brandy of 750 ml each in a specifically sealed cabin, in the dikki and 49 bottles of IMFL of the same category of 750 ml each and 24 bottles of IMFL of the same category were seized from inside the car. Bottles were not having the seal and sticker of KSBC and on enquiry it was revealed that they bought bottles from Mahi and hence they were arrested and contraband articles were seized and the mahazar was prepared. Thereafter Ext. P5 search list was also prepared. Since all the bottles were identical, 180 ml. sample was taken from one of the bottles and sealed. Thereafter accused were arrested at the spot and Ext. P1 mahazar was prepared. Pw4 produced the accused and the contraband articles before PW3, the then Excise inspector of Peravoor Excise range and after verifying the records, he registered crime No. 15/1997 and Ext. P3 is the occurrence report. Thereafter PW2, the Excise inspector subsequently took charge of the concerned Range office and prepared the forwarding note which is marked as Ext. P2 and sent the sample for analysis. After verifying the records, he filed the charge-sheet before the court.

(3.) On the side of the prosecution, PW1 to PW5 were examined and Exts. P1 to P6 were marked. MO1 series (127 bottles) were also identified and marked. After the closure of the prosecution evidence accused were questioned under Sec. 313 Cr. P. C . They denied all the incriminating facts and circumstances put to them. DW1 was examined from the side of the accused and Ext. D1 the death certificate of the father was also marked. Thereafter on hearing both sides, the trial Court found the accused persons guilty under Sec. 55(a) of the Abkari Act. The first accused was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 25,000/- in default to undergo simple imprisonment for five months under Sec. 55(a) of the Act and the second accused is also sentenced to undergo simple imprisonment for six months and to pay fine of Rs. 25,000/- in default to undergo simple imprisonment for three months under Sec. 55(a) of the Act. Against the conviction and sentence passed by the trial Court, Crl. Appeal 163/2003 was filed before the Court of Sessions, Thalassery and the Additional Sessions Judge, Thalassery as per the impugned judgment, dismissed the appeal confirming the conviction and sentence passed against the revision petitioners/accused No 1 and 2. Aggrieved by the same, the revision petitioners came up in revision for the various grounds stated in the memorandum of revision.