GOPALAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is directed against the conviction and sentence passed against the appellant for offence punishable under Sec. 8(1) r/w 8(2) of Abkari Act. Fie was sentenced to undergo R.I. for five years and to pay Rs. 1,00,000/- as fine and in default to undergo R. I. for 2 years. The case of the prosecution is that on 30.10.1997 at 5.45 PM, the appellant was found in possession a plastic can containing 21/2 litres of arrack. He was found at a place near Government Ayurveda Dispensary at Vettiyar on the side of Pandalam-Mavelikara road. PW3; the Preventive Officer intercepted him. The can was examined. By smell arid taste, it was identified to be illicit liquor. Sample of 375 ml was taken from out of it. It was sealed. The plastic can containing the residue was also sealed. Ext. P1 seizure mahazar was prepared. It was attested by the witnesses. The accused was arrested. The contraband article and the accused were taken to The office. A crime report was prepared on the next day morning. The accused, properties and the report were produced before the Inspector. On 31.10.1997 itself, the accused was produced before the learned Magistrate along with the remand report and crime report. The investigation was conducted by PW6 and final report was filed.

(2.) PW1 to PW6 were examined and Exts. P1 to P6 were marked. MO1, the residue contained in the plastic can was also marked. The court below accepted the prosecution case and found the appellant guilty, convicted and sentenced as mentioned above.

(3.) Learned counsel for the appellant submits that the appellant was in jail for the period from 28.12.2002 till 14.1.2005, on which day the judgment was pronounced by the appellate court. He was granted bail by this Court on 18.1.2005. Learned counsel also submits that the appellant is very much aggrieved by the verdict of conviction and that is why the conviction itself is challenged and not confining the argument to the sentence imposed.