V V SAJEEVAN Vs. S I OF POLICE

JUDGEMENT

(1.) The accused in S.C.No.391/2000 of the Additional Sessions Court (Adhoc-I), Thalassery who stands convicted under Section 55(a) of the Abkari Act and sentenced to undergo simple imprisonment for one year and to pay a fine of Rs.1,00,000/- (Rupees one lakh only), in default, to undergo simple imprisonment for two more months, has come up in appeal. The prosecution case is that, on 19.3.1999 at about 10.30 pm. the appellant along with two other persons were found transporting 144 bottles, each containing 180 ml. of Indian made foreign liquor by autorikshaw bearing Registration No.KL-13/1494 at Vannathimoola of Manantheri amsom.

(2.) The crime was detected by Pw1 Sub Inspector of Police, Kuthuparamba Police Station while he along with his police party in patrolling duty. On seeing the autorikshaw, he allegedly attempted to stop the autorikshaw. The autorikshaw hit on a stone lying on the road and capsized. Immediately two persons got out from it and ran away. The appellant, who was the driver of the autorikshaw was apprehended. The autorikshaw was found containing three plastic bags, which on verification contained three cardboard boxes containing a total of 144 bottles, each containing 180 ml. of Indian made foreign liquor meant for sales in Mahe only. The samples were drawn and the contraband was seized through Ext.P2 seizure mahazar. He registered Crime No.94/99 through Ext.P1 FIR. The investigation was conducted by the Sub Inspector of Police, Kolavannur. Pw4, who conducted the investigation prepared Ext.P3 scene mahazar and filed Ext.P4 forwarding note before court. On getting Ext.P5 certificate of chemical analysis, the final report was filed.

(3.) On the side of the prosecution, Pws.1 to 4 were examined, Exts.P1 to P5 were marked, and Mos 1 to 3 were identified. No defence evidence was adduced. The court below found the appellant guilty of the offence under Section 55(a) of the Abkari Act, convicted him thereunder and sentenced him as aforesaid.