SANTHOSH Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an appeal filed u/s 374(2) of the Criminal Procedure Code (Cr.P.C) against the judgment of conviction and sentence passed by the Additional Sessions Judge (Adhoc) II, Kollam in SC No.720/2002 dated 9th March 2006.

(2.) The accused/appellant faced trial for an offence committed u/s 55(a) of the Abkari Act. The prosecution case in short is that the accused was found in possession of 13 pouches of arrack (100 ml in each pouch) for sale on 31/10/2000 at 4.30 p.m on the road on the southern side of Annor Padinjattathil, Kannimel Cherri. PW4 along with PW2 while on patrol duty got reliable information that the accused was possessing and selling arrack in plastic pouches in the road on the western side of his house. Accordingly they reached the spot and accused was intercepted and 13 pouches of arrack containing 100 ml in each pouch were seized. The accused was arrested and on conducting body search, Rs.180/- was recovered. The contents in two pouches were collected as sample in a bottle. That was sealed and packed in the presence of witnesses who were examined as PWs 1 and

(3.) Thereafter, PW4 registered FIR against the accused for an offence punishable under Section 55(a) of the Abkari Act. Ext.P2 is the FIR. The accused and seized articles were produced before the Magistrate Court. The sample was sent for chemical analysis and after chemical analysis, the chemical analyst's report was received which was marked as Ext.P4. After completing the investigation, the investigating officer, PW5, filed final report before the Magistrate. The learned Magistrate committed the case for trial to the Court of Sessions.