VIJAYAMMA Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused in SC No.404/2000 on the file of the Additional Sessions Judge (Adhoc) Court-1, Kollam convicted and sentenced for offence punishable under Section 55(a) of the Abkari Act (for short 'the Act') to undergo Rigorous Imprisonment for two years and to pay a fine of Rs.1,00,000/- with default sentence of Simple Imprisonment for another six months is the appellant. In fact, she was tried for offence punishable under Section 55(i) of the Act also of which she was, however, acquitted by the impugned judgment.

(2.) The case against the appellant was charge-sheeted by the Sub Inspector of Police, Paripally on the allegation that she possessed for sale 4 litres of arrack kept in MO1-5 litres Can on 23.09.1998 at 5.20 p.m on the western side of her residential house 'Bindhu Vilasom', situated in Chirakkara Thazham cheri of Chriyakkara Village.

(3.) The patrol party consisting of PW5, the S.I. of Police, Parippally and PW4 the police Constable attached to the same police station and others, on getting secret information about the appellant selling arrack near her house, came to the place of occurrence on 23.09.1998 at 5.20 p.m and claims to have seen her to be in possession of MO1 Can containing arrack. The prosecution case is that, after the appellant being intercepted, the liquid found in MO1 possessed by her was taken and examined in the presence of independent witnesses examined as PWs 1 and 2. After being satisfied that the contents of liquor are arrack, she was caused to be arrested through PW3, a local woman, since service of Woman Police Constable was not readily available. 300 ml of arrack was collected in 375 ml bottle by PW5, the Detecting Officer. The sample bottle and MO1 were thereafter sealed. Evidencing these formalities, Ext.P1 Seizure Mahazar was prepared. The appellant and the material objects were then taken to the station house and PW5 himself registered Ext.P2 FIR. He prepared Ext.P3 property list and forwarded it to the committal court. The investigation of the case was also conducted by him and he laid final report before the committal court, from where the case was made over to the Court of Sessions, Kollam.