SHAILAJA D/O RETNAVALLY Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in S.C.No.143 of 1999 of the Additional Sessions Court (Adhoc-1), Kollam, who stands convicted under Section 55 (g) of the Abkari Act and sentenced to undergo rigorous imprisonment for 5 years and to pay a fine of Rs.1,00,000/-, in default, to undergo simple imprisonment for one more year has come up in appeal.

(2.) The prosecution case is that on 24-06-1998, at 5.00 p.m., the appellant was found keeping in her possession 45 litres of wash in a light green coloured can having a capacity of 50 litres for brewing arrack in a temporary shed situated on the northern side of her house at Azheeckalthura, Alappad Village. PW5 Assistant Sub Inspector of Police, Ochira, on getting prior information, while he was on patrol duty, reached the spot, placed the appellant under arrest and seized the contraband through Ext.P1 mahazar. On reaching the police station along with the appellant, the contraband and the records, he registered the crime through Ext.P2 First Information Report. The contraband was produced before court through Ext.P3 and Ext.P3(a) property list. On obtaining Ext.P4 certificate of chemical analysis, the final report was filed.

(3.) On the side of the prosecution PWs 1 to 6 were examined and Exts.P1 to P4 were marked. MO1 was identified. No defence evidence was adduced. The court below found the appellant guilty of the offence punishable under Section 55(g) of the Abkari Act, convicted her thereunder and sentenced her as aforesaid.