V.SIRAJ Vs. STATE OF KERALA

JUDGEMENT

(1.) THE appellants, two in numbers, who faced the prosecution for the offence under Section 8(2) of the Abkari Act, connected with the allegation of possession and transportation of more than 6,000 ltrs. of spirit, preferred this appeal challenging their conviction and sentence, for the said offence imposed on them vide judgment dated 8.12.2011 in S.C.No.488 of 2007 of the court of Additional District and Sessions Judge (Adhoc -II), Kasaragod.

(2.) THE prosecution allegation against the accused is that while PW1, the then Excise Circle Inspector, Excise Circle Office, Hosdurg, along with the other Excise officials, were conducting vehicle checking on 17.8.2005 at about 10.30 a.m., he had seen a lorry bearing Regn.No.KL7 AF 4896 coming from Kanhangad side and he gave hand signal to stop the vehicle and accordingly, on stopping the vehicle, when he enquired with the driver of the vehicle about the articles being transported in the vehicle, he was told that the vehicle contained fish. On suspicion, PW1 opened the back door of the lorry and at that time, 48 numbers of plastic trays were seen kept therein and on further examination of the said trays, decade fishes and ice pieces were seen therein. According to the prosecution, when all the above trays were removed, PW1 and party noticed 195 numbers of can of 35 litres capacity and those cans were found to contain the spirit. Therefore, on satisfaction that the accused persons were transporting the liquor in contravention of the provisions of the Abkari Act, PW1 has arrested the accused persons and seized the articles. Thereafter, the accused, contraband articles and the case records were taken to the Range Office, Hosdurg, where crime No.31/2005 was registered for the offence punishable under Section 8 (2) of the Abkari Act. On completing the investigation, a charge sheet was filed against the accused two in numbers, in the Judicial First Class Magistrate Court-I, Hosdurg whereupon CP No.38/2007 was instituted and the learned Magistrate after complying with the provisions of Section 207 of the Cr.P.C., by his order dated 8.6.2007 in C.P.No.38/2007 committed the case to the Sessions Court where the same is received as S.C.No.488 of 2007 and thereafter, made over to the present trial court for disposal.

(3.) I have heard Mr.P.S.Sreedharan Pillai, learned counsel appearing for the appellants and the learned Public Prosecutor.