RAMANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in S.C.No.67 of 2007 on the files of the Additional Sessions Court (Special Court for N.D.P.S. Act Cases), Thodupuzha assails his conviction and sentence imposed by judgment dated 07.02.2008. As per the impugned judgment, the accused has been sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs.1,00,000/- for the offences under Section 8(1) and 8(2) of the Abkari Act, 1077.

(2.) The case of the prosecution is that on 11.03.2005, at about 12.15p.m, on receipt of a secret information, a search was conducted by PW3 at the house of the accused. Though, the accused was absent in the house during the search, his wife was present. Within the compound of the house, a heap of straw was found covered by a tarpaulin under which a black can was detected. PW3, the Excise Inspector on being convinced that the liquid inside the can was arrack, sample was taken, labels affixed and the contraband article was seized as per Ext.P1 mahazar. After completing the procedures, the accused was charge sheeted and later the case was committed to the Sessions Court for trial.

(3.) In order to prove the prosecution case, PWs 1 to 6 were examined and Exts.P1 to P11 were marked apart from MO1, which was the black can containing the arrack. Though the defence did not adduce any evidence, Exts.D1 to D3 were marked on their side.