M.K.HARISH Vs. STATE OF KERALA

JUDGEMENT

(1.) THE appellant was convicted for the offence under section 55(a) of Abkari Act and was sentenced to undergo rigorous imprisonment for three months and to pay Rs.1,00,000.00 as fine. This appeal is directed against the said conviction and sentence.

(2.) ON 21.06.2002 PW1- the Addl. Sub Inspector of Police, Kumbla, along with two Police Constables were on patrol duty. He received an information that liquor was being illegally sold in the surroundings of Kundanad Village Office. They reached the place at about 6.30 p.m. The accused was seen from a distance carrying a bag. Though he tried to run away from the scene, he was apprehended by the Police. There were 15 bottles of 375 ml each containing liquor. The liquor mentioned above was manufactured in Karnataka State and those bottles were intended to be sold in Karnataka. The accused had no permit or licence or any authority to possess the same. Hence, he was arrested and contraband articles were seized. Sample was also taken which was sealed and labelled. The contraband was seized as per seizure mahazar, pursuant whereto Ext.P2 - F.I.R. was registered. The properties were produced immediately on the next day; on 22.06.2002, along with the forwarding note. Ext. P6 - the report of the chemical examination shows that the samples contained Ethyl Alcohol of 41.21% and 41.55% by volume which almost conform to the standards prescribed for Indian Made Foreign Liquor. PWs 1 to 4 were examined and Exhibits P1 to P7 were marked. M.O.1 series, i.e., the remaining 13 bottles were also identified and marked.

(3.) THE learned counsel for the appellant has argued with vehemence that there are material contradictions in the evidence given by the prosecution witnesses and that there was no proper sampling and labelling and so the conviction is unsustainable.