SURENDRAN PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) THE appellant challenges the conviction and sentence passed against him for offence punishable under section 55(a) of Abkari Act. He was sentenced to undergo rigorous imprisonment for two years and to pay Rs.1,00,000/- as fine. The appellant contends that the Court below has not appreciated the evidence correctly and as such the conviction and sentence passed against him are unsustainable.

(2.) THE gist of the prosecution case is that on 11.11.1998 at about 6.00 pm, when PW4 and others were on patrol duty they found the appellant carrying a black can of 5 litres capacity containing in it 4 litres of arrack. The appellant was arrested then and there. The contraband articles were seized. In a bottle of 375 ml capacity, sample of 300 ml was taken. The sample bottle and the black can containing the remaining arrack were sealed and labelled in the presence of the witnesses. The occurrence report was prepared. The accused was produced before court. The mahazar and the contraband articles were also produced before Court.

(3.) IN the result, this appeal is allowed. The conviction and sentence passed against the accused are set aside. The accused is set at large. The bail bond executed by him will stand cancelled. The fine amount, if any, already paid shall be refunded to the appellant.