BIJU ALIAS SASI Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant was convicted by the Additional Sessions Judge, Fast Track Court (Adhoc)-II, Kottayam for offences punishable under Secs. 55(b) and 55(g) of the Abkari Act and he was convicted and sentenced to undergo R.I. for three years each and to pay a fine of Rs. 1 lakh each under Secs. 55(b) and 55(g) and in default of payment of fine to undergo S.I. for 60 days each. The case of the prosecution is that the accused was found manufacturing arrack from wash, using still and utensils. It was also alleged that he was in possession of 8 litres of arrack for sale in his house bearing door No. IV/399 of Vellavoor Panchayat in Vellavoor village when the Excise officials searched his house at 3 PM on 27.0.2001. Since the accused was found manufacturing arrack in the place mentioned above he was arrested.

(2.) Exts.P1 to P4 were marked on the side of the prosecution. Ext.P1 is the search list prepared for that purpose. Ext.P2 is the statement of the accused. Ext.P3 is the First Information Report registered based on the seizure of the properties as per Ext.P1. Ext.P4 is the certificate issued by the Chemical Examiner. PWs. 1 to 6 were examined and Mos. 1 to 13 series were also marked on the side of the prosecution. The accused contended that it is not from his house these properties were seized and that the articles shown in the search list are not that of his. But the prosecution contended that it is a case where the accused was arrested from the very spot while he was manufacturing illicit liquor.

(3.) PWs.1, 2 and 4, the independent witnesses did not support the prosecution. The prosecution mainly relied upon the evidence given by PW3 and PW5, the police officials. The investigation was conducted by PW6, the Sub Inspector of Police.