GANGADHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) First accused in S.C.No.294 of 2006 of the Court of Sessions, Kottayam aggrieved by the conviction and sentence imposed on him for offences punishable under section 8(2) and 55(g) of the Kerala Abkari Act has approached this Court.

(2.) The prosecution alleged that, on 12.05.2004 at about 4.30p.m., first accused was found in possession of 60 litres of arrack and 160 litres of wash. The raw materials intended for manufacturing arrack and the utensils for distilling the arrack kept concealed at his house in Kurichi Grama Panchayath and that in the building belonging to his wife who was the second accused were also recovered. The accused were intercepted at their house, samples were drawn and investigation was completed. Final report was laid and the husband faced the trial as accused No.1 for offences punishable under sections 8(2) and 55(g) of the Abkari Act. Second accused faced trial for offence punishable under section 61 of the Kerala Abkari Act.

(3.) On the side of the prosecution, they examined PWs.1 to 9 and marked Exts.P1 to P10. Third party document was marked as Ext.X1. MO1 series to MO9 were marked. On the side of the defence, there was no oral evidence, but Ext.D1 was marked. Court below, on the basis of the available materials, found the first accused guilty, convicted and sentenced him to undergo rigorous imprisonment for three years and to pay fine of Rs.1,00,000/- and in default to undergo rigorous imprisonment for six months for offence punishable under section 8(2), r/w 55(g) of the Abkari Act. The second accused was found not guilty and was acquitted.