SURENDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellants are the accused in SC No. 87/2001 on the file of the Additional District and Sessions Judge Fast Track (Ad hoc) Court-I, Manjeri. The appeal is directed against the judgment dated 11/06/2004 in the sessions case. The accused stands charge-sheeted under Section 55(a) of the Abkari Act. The Court below found that the guilt of the accused is proved beyond reasonable doubt and are convicted. The accused are sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 1 Lakh each and in default of payment of fine to undergo simple imprisonment for one year. Parties hereinafter are referred to as arrayed in the sessions case. The prosecution case is that at about 10:00 a.m. on 06/06/1998 the accused were found transporting 35 litres of illicit arrack in a can through Area code-Mukkam road, that the 2nd accused was driving the bike bearing Reg. No. KL-11 (G)-4742. that the 1st accused was the pillion rider and that both accused are liable to be punished under Section 55(a) of the Abkari Act.

(2.) The prosecution examined PWs 1 to 6 and marked Exts. P1 to P9. MOs 1 to 3 were marked on the side of the prosecution. The accused were questioned under Section 313 Cr.P.C. and their statements are duly recorded. They denied all incriminating circumstances appearing in the evidence. Exts. D1 & D2 were marked on the defence side.

(3.) PW 1 is the then Sub Inspector of Police. Area code Police Station. He testified before the Court that while he was on duty of checking vehicles plying Area code-Mukkam road along with police party around 10:00 a.m. on 06/06/1998, they found the bike driven by A2 proceeding towards Vazhakkadu. The police party also found the pillion rider, who is A1, holding a jute bag. The bike was stopped as per the signal given by him and asked about the contents of the jute bag. On feeling suspicion the police party opened the bag and found a cannas containing liquor. On tasting and smelling they were convinced that the accused were transporting illicit liquor. The cannas was having capacity of 35 litres and at the time of seizure it was full. Accordingly, PW 1 arrested the accused and seizure was effected. Three sample bottles were prepared and sealed. The cannas and jute bag were marked as MOs 1 & 2. The motor cycle had also been seized and produced before the Court. It is said that labels were prepared and affixed on the sample bottles. Ext. P1 is the seizure mahazar. The First Information Report is marked as Ext. P2. Exts. P3 & P4 are the property list and forwarding note. Ext. P5 is the arrest memo. The Court below found that 313 statement appears full of ambiguity regarding the story spoken by the accused before the Court. The Court below observed that they have not stated as to why they were inclined to transport a big can containing acetic acid since they had no business with Mathew.