SUNDARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The conviction and sentence for offence punishable under Section 8(2) of the Abkari Act, 1077(for short 'the Act') in S.C. No.121/2007 on the file of Additional Sessions Court, Fast Track No.III, (Ad hoc), Manjeri is challenged by the legal heirs of the appellant, who died during the pendency of the appeal. The additional appellants 1 to 4 are his wife, children and his mother.

(2.) The case against appellant was charge-sheeted by PW5, Excise Inspector,Nilambur Excise Range, on the allegation that he possessed 7.5 litres of illicit arrack in MO2 series three plastic Cans kept in MO1 plastic sack, containing 2.5 litres each 03.11.2005 at 1 pm, when it was found by the Excise party consisting of PWs 1 and 2, the Preventive Officer and Excise Guard respectively, in a private road in front of the house of one Surendran near Palemad Mosque within the jurisdiction limits of Nilambur Excise Range Office.

(3.) The prosecution case is that on obtaining reliable information given by PWs 3 and 4, who are the local persons that appellant was dealing with illicit arrack in the public place, the Excise party led by PW1, the Preventive Officer along with his subordinate PW2, came to the place at 1 pm, on 03.11.2005 and found the appellant being in possession of three plastic Cans concealed in a sack. The contents in the Cans were inspected in the presence of PW3 and 4, independent witnesses and after being satisfied that the liquor was arrack, three samples were taken in full in three bottles of 375 ml each and they were sealed and labelled in accordance with law. The appellant was immediately arrested at the spot itself. Evidencing the seizure, taking of sample and arrest of appellant, Ext.P2 seizure mahazar prepared by PW1. It was attested by PWs3 and 4 also. Evidencing the arrest of appellant, PW1 prepared Exts.P1 and P3 records.