ABDUL HAMEED Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner is the accused in the case S.C.No.478/2007 on the file of the Court of the Assistant Sessions Judge, Kasaragod.

(2.) The prosecution case, as unfolded during the trial, is as follows: On 17.06.2006, PW1 Sub Inspector was conducting patrol duty with police party. At about 11.35 hours, he got reliable information that arrack was being transported in the autorickshaw KL-14B-244 through Shantipallam-Kottekkar road. At about 11.45 hours, when he reached the place Jappa with police party, he saw the autorickshaw KL-14B-244 parked at the side of the road. He saw the petitioner/accused taking a sack from the autorickshaw and placing it in the nearby bush. On hearing the sound of the police jeep, the accused tried to escape by running away from the place. The police party followed him and apprehended him. PW1 inspected the autorickshaw. He saw a plastic sack on the rear seat of that vehicle. PW1 opened the sack and inspected it. It contained several packets, each packet containing 100 ml. of arrack. PW1 opened one of the packets and examined the liquid in it. By taste and smell he was convinced that it was arrack. PW1 arrested the accused at 12.15 hours. Thereafter, he examined the contents of the sack put by the accused in the bush. It also contained packets containing arrack. The two sacks contained a total of 1000 packets, each packet containing 100 ml. of arrack. PW1 took the liquid from six packets in two bottles as samples, each bottle containing 300 ml. of liquid. He sealed the sample bottles and affixed label on them, bearing his signature and also the signature of the witnesses and the accused. He put the remaining packets in the two sacks, 500 packets in one sack and 494 packets in the other sack. He wrapped the empty six packets, from which sample was taken, with a paper and sealed it. PW1 seized the properties as per Ext.P2 mahazar.

(3.) On returning to the police station, PW1 registered Ext.P3 first information report. Thereafter, he conducted the investigation of the case. He went to the scene of the incident on the same day and prepared Ext.P4 scene mahazar at 15.30 hours. He interrogated the witnesses and recorded their statements. He produced the sample bottles in the court as per Ext.P5 property list and also submitted Ext.P6 forwarding note for sending the samples for chemical examination. He produced the remaining properties before the Assistant Excise Commissioner. PW1 produced the accused before the court on 18.06.2006. On 17.12.2006, PW4 Sub Inspector took over the investigation and he filed final report against the accused for the offence punishable under Section 8(2) of the Abkari Act, 1077 (hereinafter referred to as 'the Act').