LAKSHMIKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the convict in Sessions Case No.717/2011 of the Additional Sessions Court, Fast Track-I, Alappuzha. By the judgment dated 24.06.2013, the appellant stands convicted for offence punishable under Section 8(1) and (2) of the Abkari Act and sentenced to undergo simple imprisonment for six months and also to pay a fine of Rs.1,00,000/-, in default of payment of the fine amount, she has to undergo simple imprisonment for a further period of two months. She was also found entitled to get set off for the period undergone by her in judicial custody under Section 428 of the Criminal Procedure Code, hereinafter referred to as the Cr.P.C.

(2.) The precise allegation against the appellant is that on 18.11.2010, at about 08:45 A.M, the Sub Inspector of Haripad Police Station and party found her in illegal possession of four litres of arrack in a jerry can having the capacity of five litres. She was so found on the courtyard on the southern side of her house, Thundil veedu within the Haripad police station limits. She was arrested from the spot along with the contraband; the item was seized under a mahazar prepared in the presence of independent witnesses. After getting back to the police station, Crime No.677/2010 was registered; the accused/appellant and the contraband were produced before court on the same day and she was remanded to judicial custody. On conclusion of investigation, the charge sheet was laid before the Judicial First Class Magistrate Court-I, Haripad, where the case was taken on file as C.P.No.36/2011. After completing the procedural formalities, the case was committed to the Court of Sessions, Alappuzha from where the matter was made over to the trial court.

(3.) After hearing the learned counsel on both sides, when the charge was framed, read over and explained, the appellant pleaded not guilty. She was on bail. She was defended by a counsel of her choice.