BABU, S/O. VASU, VANNERY VEETTIL, KANDASSAMKADAVU, THANNIPADAM, THRISSUR Vs. STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM

JUDGEMENT

(1.) THESE appeals are filed by A1 and A2 respectively who were convicted by the learned Addl. Sessions Judge, Fast Track Court -II (Ad hoc), Thrissur for offence punishable under Sec. 58 of Abkari Act. They were sentenced to undergo R.I. for 6 months and to pay Rs. 1 lakh as fine and in default to undergo R.I. for 6 months. The charge sheet was laid against them alleging offence under Sec. 55(i) of Abkari Act also but they were acquitted of that offence.

(2.) THE case of the prosecution is that PW1, the Sub Inspector of Police was checking vehicles by parking the jeep near Safa Hospital situated about 100 meters towards west of Guruvayoor private bus stand. An autorickshaw driven by the 2nd accused was seen coming towards the place where the S.I. was checking the vehicle. On seeing the police party, the autorickshaw suddenly turned towards the same side from which it came. PW1, the S.I. of Police felt suspicion. They chased the autorickshaw and by keeping the police jeep in front of the autorickshaw prevented the autorickshaw from proceeding further. The driver of the autorickshaw and the passenger though made an attempt to escape were apprehended by the police. On examination a wooden box placed in the back seat of the autorickshaw was seen. It was covered at its top with newspapers and tied with MO4 coir. When that box was taken out and opened, it contained hard board box, inside which 24 bottles of 750ml each of V.S.O.P. Ex Shaw Premium Brandy were found. Besides, there were 23 bottles of 180ml each of XXX Rum with company label 'Cock Fighter'. The accused were arrested then and there. The contraband articles were sealed and labeled. The properties were seized as per mahazar. Based on the seizure mahazar the occurrence report was prepared. After conducting investigation the charge sheet was laid against both accused.

(3.) LEARNED Sessions Judge found that the wooden boxes mentioned above were held and possessed by the accused. Though there was a contention that it was illegally transported for sale that part of the case was found against. But the court below found that the accused was not having any licence or permit for keeping possession of the liquor mentioned above. Hence the liquor possessed was found to be illegal and as such they were convicted under Sec. 58 of the Act.