KUNJAYYAPPAN PILLAI @ AMBILI Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellant is the first accused in S.C.No.1686 of 2004 of the Additional Sessions Court (Adhoc-III), Kollam, 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. 1,00,000/-, in default, to undergo rigorous imprisonment for six more months.

(2.) The prosecution case is that on 27.05.2002 at 5.00 p.m., he was found in possession of 1= litres of coloured arrack in a plastic bottle at Naduvilakkara Muri. PW1, the Inspector of Excise Special Squad, Kollam and party intercepted the appellant. PW1 placed the appellant under arrest and seized the contraband. Sample was drawn and Exhibit P1 mahazar was prepared. He took the appellant and the material objects to the Excise Office, Chathannur and the matter was entrusted to PW3. PW3 registered Exhibit P4 occurrence report. The material objects were produced before court through Exhibit P5 property list. The accused was produced before court through Exhibit P6 remand application. Forwarding note was filed and the sample was sent for chemical analysis and obtained Exhibit P8 certificate of chemical analysis. PW8, the Excise Inspector, Chathannur completed the investigation and filed the complaint. The 2nd accused was arraigned on the version of the appellant that the contraband was entrusted to him by A2 for sales.

(3.) On the side of the prosecution, PWs 1 to 8 were examined and Exhibits P1 to P8 were marked. MO1 was 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. The 2nd accused was acquitted.