STATE OF KERALA Vs. K GOPALAN

JUDGEMENT

(1.) THE State has filed this appeal against the order of acquittal passed by the Sub-Magistrate of Badagara in a prohibition case.

(2.) THE two accused husband and wife were charged for being in possession of two bottles of arrack in their house, offence punishable under S. 4 (1) (a) of the Madras Prohibition Act. On 15-9-60 on information received, Pw. 1 the Sub Inspector of Police, Edacherry searched the house where the two accused were living and recovered in the presence of witnesses two bottles of arrack from the eastern room of the house. THEy were seized under a mahazar Ext. P-1 attested by witnesses. THE 2nd accused who is the wife of the 1st accused was present in the house Pw. 2 a resident of Azhiyoor amsom is one of the witnesses who was present with Pw. 1 at the time of the search and recovery. He has attested Ext. P1 & was examined in court. He has corroborated the evidence of Pw. 1. THE accused when questioned denied recovery of arrack from their house, but examined no witness in their defence.

(3.) IT is not disputed that the two accused are living in the house. Their only case is that the contraband were not recovered from the house. I have carefully gone through the evidence of the witnesses and see no reason to disbelieve them. I, therefore, find that the contraband were actually recovered from the house of the accused.