MUBARAK S/O ABDUPPA Vs. STATE OF KERALA

JUDGEMENT

(1.) A1 and A2 in S.C.No.332 of 2003 of the Additional Sessions Court (Adhoc-II), Palakkad, who stand convicted under Section 55 (a) of the Abkari Act, sentenced to undergo rigorous imprisonment for one year each and to pay a fine of Rs. 1,00,000/- each, in default, to undergo simple imprisonment for six more months each, have come up in appeals. The 2nd accused is the appellant in Crl.A.No.460 of 2005 and the 1st accused is the appellant in Crl.A.No.461 of 2005.

(2.) The prosecution case is that on 01.12.2002 at 10.15 pm, the appellants were found sitting at the rear seat of an autorickshaw bearing registration No.KL-9-E 2515, and that they were found in possession of 8 litres of arrack in a plastic can of 10 litre capacity. The autorickshaw was seen surrounded by the local public.

(3.) PW5 Sub Inspector of Police, Shornur, who got information that the accused had brought arrack by an autorickshaw bearing registration No.KL-9-E 2515 for sales and the local public had detained the autorickshaw on the road, he along with police party rushed to the spot and reached there at 10.30 pm. On finding that the can contained arrack, the accused were placed under arrest at 10.45 p.m. Three samples in 375 ml bottles were drawn from the contraband and the same were labelled and sealed. The contraband was seized through Exhibit P1 mahazar. He reached the police station along with the accused, the material objects and the records, and registered the crime through Exhibit P7 First Information Report. PW7 Additional Sub Inspector of Police, Shornur took over the investigation on 02.12.2002 and prepared Exhibit P2 scene mahazar. On getting Exhibit P11 certificate of Chemical Analysis, the complaint was filed.