SIVARAMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the first accused in the case S.C.No.230/2007 on the file of the Court of the Assistant Sessions Judge, Kattappana.

(2.) The prosecution case is as follows: On 24.04.2006, the Sub Inspector (PW4) of Santhanpara police station was conducting patrol duty with police party. At about 20:20 hours, when he reached Udumbanchola Town, he got reliable information that a person was selling arrack at the hollow bricks manufacturing centre near Shila Hotel. PW4 and the police party with him reached the aforesaid place. They saw the first accused standing there with a can in one hand and a glass in the other hand. Another person was standing near the first accused. On seeing the police party, the person who was standing near the accused ran away and escaped. PW4 obstructed the first accused and inspected the can held by him. By the smell of the liquid contained in the can, PW4 was convinced that it was arrack. PW4 arrested the first accused at 20:30 hours. He gave intimation regarding the arrest to the wife of the first accused. She refused to accept the intimation. The wife and the daughter of the first accused forcibly rescued him from the custody of the police. Then, PW4 and the police party followed them and took the first accused into custody by force. PW4 took three samples of the liquid from the can and sealed the sample bottles and affixed label, bearing his signature and the signature of the witnesses and the first accused, on the sample bottles and the can containing the remaining liquid and seized the articles as per Ext.P1 mahazar.

(3.) PW4 conducted the initial investigation of the case. After completing the investigation, PW5 Sub Inspector filed final report against the first accused for the offence punishable under Section 8(1) read with 8(2) of the Abkari Act and against the second and the third accused, who are the wife and daughter of the first accused, for the offence punishable under Section 61 of the Abkari Act.