P.M.BASHIR Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS appeal is directed against the conviction and sentence passed against the appellants by the Additional Sessions Judge (Ad hoc) II, Kasaragod, for the offence punishable under section 55 (a) of Abkari Act. They were sentenced to undergo rigorous imprisonment for two years and to pay Rs.1,00,000/- as fine and in default to undergo rigorous imprisonment for three months.

(2.) THE case unfolded by the prosecution and accepted by the court below is that the appellants were found transporting 10,000 packets of arrack of 100 ml each in a Tata Sumo having registration no: KA-21-M-7153 at a place called Swarga. PWs 1 to 6 were examined and Exts.P1 to P10 were marked. M.O.1 series - arrack packets were also identified and marked.

(3.) THE evidence would show that PW2 and his police party were on patrol duty on 27.08.2002. They reached Perla check post at 4.30 p.m. While they were inspecting the vehicles, a Tata Sumo bearing registration no: KA-21-M- 7153 was coming towards the check post from Karnataka side. When they saw the police party, they tried to return through Swarga road. They, in fact, entered Swarga road through the check post gate which was lying open. Hence, the police party chased the Tata Sumo, overtook the vehicle and kept the police vehicle in front of the Tata Sumo. Thus, the Tata Sumo was intercepted. The 1st appellant was the person who was driving the Tata Sumo. The 2nd appellant was sitting just beside A1. When the Tata Sumo was examined there were 20 plastic sacks, each sack containing packets of arrack. The total number of packets were found to be 10,000 and each packet contained 100 ml of arrack.