FALUGUNAN, S/O. PULIYERI, VELAYUDHANKUTTY, RAYIRIMANGALAM, KATTILANGADI DESOM, TANUR AMSOM, TIRUR TALUK Vs. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM

JUDGEMENT

(1.) THE appellant was convicted by Additional Sessions Judge, Fast Track - I, Manjeri for offence punishable under Section 55(a) of the Abkari Act. He was sentenced to undergo R.I. for three years and to pay Rs. 1 lakh as fine.

(2.) THE appellant is the owner of house No. IX/707 of Thannur Panchayath. The detection was on 28.05.99. On getting information that the appellant was keeping liquor in his house for sale, they proceeded to that place. A search memo was prepared before conducting the search and sent to the court. Thereafter, PW1 - the Preventive Officer, the Excise guard and other independent witnesses went inside the house and searched. In one of the rooms altogether 17 bottles of 370 ml. each were found. Out of which, 9 bottles were of brandi of one brand and other 8 bottles were of another brand of brandi. All those brandi bottles were having the sticker of Kerala State Beverages Corporation. It was not disputed that all the 17 bottles of 370Ml. each contained Indian Made Foreign Liquor. The total quantity comes to 6375 ml. The evidence regarding the search conducted by PW1 for which Ext.P3 search list was prepared was corroborated by PW2, the Excise Guard. The signatures of the accused/appellant were obtained on Ext.P3., being the owner of the house and who was present at the time of search and also for having received the copy of the search list. Besides, Ext.P1, seizure mahazar was also prepared for the seizure of the contraband liquor articles mentioned above.

(3.) PW .5, the Secretary of the Panchayath has proved Ext.P7, the ownership certificate which shows that the appellant was the owner of the house. That was not seriously assailed by the defence.