B. PRAKASHA Vs. STATE OF KERALA

JUDGEMENT

(1.) THE appellant was convicted by the learned Additional Sessions Judge (Adhoc -2), Kasaragod for offence punishable under Section 55(a) of Abkari Act. He was sentenced to undergo rigorous imprisonment for 1 year and to pay Rs. 1 lakh as fine and in default, he was directed to undergo R.I. for 3 months. This appeal is directed against the said sentence.

(2.) THE case of the prosecution is that on 14.02.2001 at about 10:00 P.M., PW1, the additional S.I. and other police officials were on patrol duty and while so the appellant was found transporting 384 bottles of Highway Fine Whisky in 8 cases in an auto rickshaw bearing No. KL -14/B driven by him. The accused did not stop the vehicle as demanded by the police but he proceeded to a distance of 25 meters, there he stopped the vehicle and immediately ran away. He was chased by the police officials and was apprehended. He was brought near his auto rickshaw which was stopped by the side of the road. When examined 8 cases of IMFL, each containing 48 bottles of 180 ml each were found in the auto rickshaw. The accused was therefore arrested for which Ext.P1 arrest memo was prepared. Two bottles were taken as sample and those bottles were sealed and labeled. The remaining bottles, the auto rickshaw and other papers were taken to custody by the police after preparing Ext.P2, the seizure mahazar. The accused and the contraband articles were taken to the police station. Ext.P3, the FIR was registered. After conducting investigation, charge sheet was laid against the accused.

(3.) THE learned Additional Session Judge, after scanning the evidence, found the prosecution case true and acceptable and thus the accused was convicted and sentenced as mentioned above.