DHARMAPPA SHETTINGARA @ NARAYANA SHETTIGARA Vs. STATE OF KERALA

JUDGEMENT

(1.) THE accused in S.C.No.585 of 2000 of the Additional Sessions Court(Adhoc II), Kasaragod, who stands convicted under Section 55(a) of the Abkari Act and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.1 lakh, in default, to undergo simple imprisonment for three more months, has come up in appeal.

(2.) THE prosecution case is that, on 1.10.1999 at 6 p.m., while PW3 Sub Inspector of Police, Manjeshwar along with police party were on patrol duty and when they reached at Hosangadi, they could see the appellant coming by a motorbike with a bundle in a sack. They intercepted him and on examination the sack was found containing 150 packets each containing 100 ml of Karnataka manufactured arrack. The appellant was placed under arrest and the contraband was seized through Ext.P1 mahazar. From six packets, two bottles each containing 375 ml of arrack were drawn. PW3 reached the police station with the appellant and the contraband and registered Ext.P3 FIR. He prepared Ext.P4 scene mahazar. The accused was produced before court. The contraband was produced before court through Ext.P5 property list. Ext.P6 forwarding note was filed for subjecting the samples to chemical analysis. On obtaining Ext.P7 certificate of chemical analysis, the final report was filed.

(3.) HEARD the learned counsel for the appellant and the learned Public Prosecutor. According to the learned counsel for the appellant, apart from the evidence of PW3, there is no other evidence in this case. It is also argued that the evidence adduced by the prosecution is insufficient to connect the appellant with the crime. It has been further argued that the contraband was belatedly produced before court. Another argument forwarded by the learned counsel is that the identity of the appellant is seriously in question.