GOPALAN Vs. STATE OF KERALA

JUDGEMENT

(1.) CRIMINAL Misc. Petition No. 1074 of 1980 has been filed to quash the proceedings in C. C. No. 2515 of 1977 on the file of the Judicial Magistrate of the Second Class. Trichur, which has been confirmed in Criminal Appeal No. 28 of 1979 by the Chief Judicial Magistrate, Trichur and in Criminal Revision No. 40 of 1979 by the Additional Sessions Judge, Trichur. Cri. M. P. No. 1088 of 1980 has been filed to quash the proceedings in C. C. No. 850 of 1977 on the file of the Judicial Magistrate of the Second Class, Trichur, confirmed in Criminal Appeal No. 1 of 1979 on the file of the Additional Assistant Sessions Judge, Trichur and in Criminal Revision No. 28 of 1979 of the Additional Sessions Judge, Trichur.

(2.) THE petitioner in Crl M. P. No. 1074 of 1980 has been convicted under Sections 55 (a) and 55 (b) and Section 58 of the Abkari Act 1 of 1077 for illicit distillation of arrack in his house, which was detected by the patrol party consisting of P. Ws. 3, 4 and others. He was sentenced to under-go simple imprisonment for six months and to pay a fine of Rs. 1,000/- and in default of payment of fine to suffer simple imprisonment for two months more under Section 55 (b) of the Act. No separate j sentences were awarded for offences under Sections 55 (a) and 58 of the Abkari Act.

(3.) THE petitioner in Crl. M. P. No. 1088 of 1980 was convicted under Section 55 (g) of the Abkari Act 1 of 1077 for being in possession of illicit wash fit for distillation and illicit distillation apparatus and sentenced to undergo simple imprisonment for six months and to pay a fine of Rs. 1000/-and in default to suffer simple imprisonment for two months more. The offence was detected by a patrol party consisting of P. W. 3 and others.