GOURI Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is preferred under Section 374(2) of the Code of Criminal Procedure, hereinafter referred to as the Cr.P.C. The appellant challenges the correctness of the conviction and sentence imposed on her under Section 8(1) and (2) of the Abkari Act in Sessions Case No.432/2008 of the Additional District and Sessions Judge (Ad hoc) Fast Track Court-I, Pathanamthitta.

(2.) The precise allegation against the appellant is that, on 26.09.2006 at 11 a.m, CW1 the preventive officer of Excise Circle Office, Adoor and party while conducting routine patrol duty, found the appellant on the northern side of the concrete road, about 150mtrs. east of Paranthal junction in M.C.road in Thekkekkara village in Adoor taluk, illegally possessing 10 litres of spirit. Seeing the Excise party, she abandoned the item on the side of the road and ran away from the spot; the item was seized in the presence of independent witnesses under a mahazar. Later, the material object was produced before the Excise Range Office, where Crime No.85/06 of Excise Range Office, Adoor was registered. The material object was produced before the court on the following day. After investigation, the charge sheet was laid before the Judicial First Class Magistrate Court, Adoor, where the case was taken on file as C.P.No.38/08. After completing the procedural formalities the case was committed to the Sessions Court, Pathanamthitta, from where it was made over to the trial court.

(3.) The appellant had surrendered before the court on 18.07.2007. She was in judicial custody for some time and was later released on bail.