CHERIAN Vs. STATE OF KERALA

JUDGEMENT

(1.) On trial for offences under Sections 55(a), 58 and 8 of Kerala Abkari Act, (hereinafter referred to as "Act", for short), appellant he was convicted by Additional Sessions Court for offences under Section 55(a) and Section 58 of Abkari Act. However, the Court below held, 'Section 8 of Act has no application to the facts of this case'. The appellant was sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 1,00,000/- and in default of payment of fine, to undergo imprisonment for three months under Section 55(a) of the Act. He was also sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 1,00,000/- for offence under Section 58 of the Act and in default, to undergo imprisonment for three months.

(2.) According to prosecution, 900 litres of spirit were seized from house No. VIII/318 and also as seen buried in the property which is situated on the southern side of the said house. It also belonged to appellant. On 14/07/1997 at about 6 p.m. while PW 1, Excise Circle Inspector was on patrol duty, he received information that appellant was in possession of arrack in his house and he was dealing with the same. After preparing Ext. P1, search memo PW 1, PW 2 and Excise party proceeded to the spot.

(3.) When they reached house No. VIII/318, appellant was present there. On search, 200 litres of spirit were found kept in barrels having 100 litres capacity in one of the rooms of the house. On further search, three more barrels each having 200 litres of capacity were found buried in the property situated on the southern side of the house. There were also other barrels of sprit. Altogether, there were 900 litres of spirit in possession of appellant.