RAJENDRAN SREEDHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in S.C.No.506 of 2000 of the Additional Sessions Court (Adhoc-II), Kollam, who stands convicted under Sections 55(a), (b) and (g) of the Abkari Act and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.1 lakh, in default, to undergo simple imprisonment for one more year, has come up in appeal.

(2.) The prosecution case is that, on 29.4.1999 at 5.30 pm, the appellant was found in possession of utensils and implements for brewing arrack at his house and also was found keeping six litres of arrack in his possession at Plavathu Kizhakkethil house, Kallupalakkada, Perumpuzha chery.

(3.) PW4 Sub Inspector of Police, Kundara detected the offence while he along with the police party were engaged in patrol duty. On getting information, he reached the house of the accused. On seeing the police party, the appellant who was engaged in brewing arrack destroyed the wash and materials which were being used for brewing arrack and attempted to run away from the spot. He was intercepted, questioned, and six litres of arrack contained in a can, the utensils and implements for brewing arrack etc. were seized through Ext.P1 mahazar. The appellant was placed under arrest and sample was drawn from the contraband. He registered Crime No.228 of 1999 through Ext.P2 FIR. The material objects were produced before court through Ext.P3 property list. On getting Ext.P4 certificate of chemical analysis, the final report was filed.