SIVAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in S.C.No.419/05 of the Additional Sessions Court (Adhoc)-II, Thodupuzha, who stands convicted under Section 8(2) of the Abkari Act and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 1,00,000/-, in default, to undergo rigorous imprisonment for three months, has come up in appeal.

(2.) The prosecution case is that on 02.02.2004 at 10.00 a.m, while PW3, Sub Inspector of Police, Murickkassery Police Station and party were on patrol duty, he got information that the appellant was keeping arrack for sale at the southern side of his cattle shed. At 10.15 a.m, he along with the police party went to the property of the appellant. The appellant was available at his house. On search, a two litre can, concealed beneath a cardamom plant was traced out, which on examination was found containing 1= litres of arrack. The appellant was placed under arrest and the contraband was seized through Ext.P1 mahazar and samples of 180 ml were drawn. On reaching the police station with the appellant and the material objects, PW3 registered Crime No.21/04 through Ext.P4 FIR.

(3.) On the side of the prosecution PWs.1 to 5 were examined and Exts.P1 to P11 were marked. MO1 was identified. No defence evidence was adduced. The court below, found the appellant guilty of the offence under Section 8(2) of the Abkari Act, convicted him thereunder, and sentenced him as aforesaid.