PRAKASAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is directed against the conviction and sentence passed against the appellant/accused for offence punishable under Sec. 55(b) of Abkari Act.

(2.) The allegation is that, on 17.3.1999 at about 8.30 AM, while PW1 and his subordinates were on patrol duty, a reliable information was received stating that the appellant was distilling illicit arrack in his house and accordingly, they proceeded to that spot. According to the prosecution, the wash and utensils intended for manufacturing of illicit arrack were kept on the oven and the accused was standing nearby. On examination, the liquid was found to be wash. There was 20 liters of wash in a 50 liter Aluminium vessel. Samples were taken in two sample bottles. The appellant was arrested then and there. All the contraband articles including the samples were seized as per the seizure mahazar. Crime report was prepared. Investigation was conducted by Addl. S.I. and the charge sheet was laid by PW6, the S.I. of Police. After the case was committed to the court of Sessions, it was made over to Asst. Sessions Court, Koyilandy. There, charge was framed against the accused for offence punishable under Sec. 55(b) of Abkari Act, in fact, the charge sheet was laid by the police under Sec. 55(g) of the Act. The case was ultimately tried by the Addl. Sessions Judge, Fast Track (Adhoc-II), Kozhikode.

(3.) PW1 to PW6 were examined and Exts.P1 to P9 were marked. MO1 to MO4 were also identified and marked. Learned Addl. Sessions Judge after scrutinising the evidence found the accused guilty, convicted and sentenced as mentioned above.