RENKASWAMY Vs. STATE OF KERALA

JUDGEMENT

(1.) The above Criminal Appeal is filed against the judgment dated 30.01.2008 on the file of the Additional Sessions Court/Special Court of NDPS Cases,Thodupuza.

(2.) The above case was charge sheeted by the Sub Inspector of Police, Munnar against the accused alleging offences punishable under Sections 8(1) and (2) of the Kerala Abkari Act (hereinafter referred to as 'the Act). After trial, the court found that the accused is guilty of the offence under Section 55(a) of the Abkari Act. He is convicted and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rupees one lakh. In default of payment of fine, he was directed to undergo simple imprisonment for a further period of six months. Aggrieved by the conviction and sentence, the accused preferred this appeal

(3.) Prosecution case in brief is that on 10.07.2004, the Sub Inspector of Police, Munnar police station and his police party were patrolling along the limits of their police station. At that time, they received reliable information that, the accused is keeping in possession of illicit arrack in his house bearing No.XV/660 in the northern division of Nadiyar. On getting information, the Sub Inspector of Police prepared a search memorandum and entrusted the same with the police constable to be sent to the Magistrate Court. After preparation of the search memorandum, he proceeded to the house of the accused and conducted search inside the house. 15 litres of arrack contained in a 35 litres cannas was found inside the house. The liquid in the cannas was examined by testing and smelling and was confirmed that it was arrack. The accused was arrested. Sample was taken from the cannas as per the Rules and sealed. The sample bottles and the cannas containing arrack were sealed and taken into custody as per the mahazar. The accused, contraband articles and documents prepared were taken to the court where the case is registered against the accused.