JANAKY Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an appeal filed u/s 374(2) of the Criminal Procedure Code against the judgment of conviction and sentence passed by the Additional Sessions Judge for the Trial of Abkari Cases, Neyyattinkara in SC No.1669/2001 dated 26/6/2007.

(2.) The accused/appellant faced trial for an offence u/s 58 of the Abkari Act. The prosecution case in short is that the accused was found in possession of 2 litre white jerry can filled with illicit arrack in contravention of the Abkari Act and Rules on 24/7/2000 at a place called Vellarada Kalunkunada at Vellarada Desom, Vellarada Village and thereby committed the above offence.

(3.) Pw4 along with PW3 while on patrol duty got reliable information that the accused was possessing illicit arrack in jerry can on the road at Vellarada Kalunkunada. Accordingly, they reached the spot and the accused was intercepted and 2 litres white jerry can filled with illicit arrack was seized. The accused was arrested at the spot. The content in the jar was collected as a sample in a bottle. It was sealed and packed in the presence of the witnesses who were examined as PW1 and PW2. Thereafter PW4 registered crime against the accused for an offence punishable u/s 55(8) 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 report was received, which was marked as Ext. P5. The report shows that the sample contained ethyl alcohol. After completing the investigation, PW4 filed final report before the Magistrate. The learned Magistrate, after complying with the statutory formalities, committed the case for trial to the Court of Sessions.