(1.) The accused in S.C.No.797 of 2002 on the file of Additional Sessions Judge (Abkari Cases), Kottarakkara, challenges his conviction and sentence for offence punishable under Section 55(g) of the Abkari Act (for short, 'the Act' only). He was sentenced to undergo rigorous imprisonment for 3 years and pay a fine of Rs.1 lakh with default sentence of another rigorous imprisonment for 3 months.
(2.) He was charge sheeted by PW5 Sub Inspector of Police, Kadakkal, before the committal court on the ground that on 24.8.2001 at 10.15 p.m. he possessed 30 ltrs of wash in M.O.1 Aluminium pot concealed in the bed room of his house bearing Door No.IP.XII/112 in Chariparambu Ward in a place called Ittiva, within the limits of Kadakkal Police Station and committed offence punishable under Section 8(2) of the Act.
(3.) The prosecution case is that on a previous information collected from reliable sources that the accused was possessing wash in his house, PW5 along with PW4 the Police Constable attached to the same Station came to the appellant's house after sending Ext.P2 search memo, on 24.8.2001 at 10.15 p.m. and found the appellant being present and keeping in possession of 30 ltrs of wash in M.O.1 Aluminium pot in the bed room. In the presence of independent witnesses who were examined as Pws.1 to 3, PW5 prepared Ext.P1 search list after arresting the appellant at the spot itself. Ext.P3 is the custody memo prepared evidencing arrest. PW5 himself registered Ext.P4 crime and produced material objects before the Committal Court along with Ext.P5 property list. At the time of alleged seizure of wash, PW5 claims to have collected 600 ml of wash in two bottles measuring 750 ml each and labelled and sealed them in accordance with law. The remainder of wash in M.O.1 was destroyed at the place of occurrence itself. PW5 conducted investigation of the crime also and sought to send one of the sample bottles for chemical examination. Ext.P6 chemical report shows that the sample tested by the chemical laboratory contained wash. After conducting the investigation of the case, PW5 himself laid the final report before the Committal Court from where the case was committed for trial to the Court of Sessions, Kollam.