C.JOBY @ SABU Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellants are A1 and A2 in Sc No.785 of 2006 on the file of the Additional Sessions Court (Adhoc II) Thalassery convicted for offence punishable under Section 8(2) of the Abkari Act. Each of them was sentenced to undergo simple imprisonment for four years and to pay fine of Rs.1,00,000/- and consequential default sentence for another one year.

(2.) These appellants were charge-sheeted by Sub Inspector of Police, Itritty on the allegation that they jointly transported Karnataka made arrack in 250 packets of 100 ml each in an autorickshaw bearing registration No.KL 13 H 6121 on 12.08.2005 at 3.35 p.m along Iritty-Koottupuzha road in Vilamana in Kunnoth desom and committed offence punishable under Section 8(2) of the Abkari Act.

(3.) The prosecution case is PW1, the Circle Inspector of Iritty and subordinate officers on receipt of secret information that Karnataka made arrack was being transported through Iritty- Koottupuzha road, came to the place on 12.08.2005 at 3.35 p.m and intercepted the aforementioned autorickshaw driven by one of the appellants with the other appellant seated as passenger and on checking the vehicle, it was found that 250 packets of arrack were kept in the platform down the back seat. Four among the packets were opened and the contents tested and thereafter 200 ml of sample was collected in two bottles of 375 ml each. PW1 claims thereafter to have sealed and labelled the sample bottles in accordance with law, in the presence of independent witnesses. The appellants were arrested at 4 p.m on the day. Exts.P2 and P3 arrest records were also prepared on the spot. Evidencing seizure and arrest, Ext.P1 seizure mahazar was prepared. Later, the material objects were taken to the station house office where he himself registered Ext.P4 FIR and caused the articles and appellants to be produced before the Judicial First Class Magistrate, Mattannur.