GANGADHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This revision is at the instance of the 2nd accused in SC No.55 of 2008 on the file of Assistant Sessions Judge (Principal), Palakkad, assailing the judgment in Crl.Appeal No.500 of 2011 on the file of III Additional District and Sessions Judge, Palakkad, which upheld his conviction and sentence under Sec. 8(2) of the Abkari Act.

(2.) The prosecution case is that, on 10/9/2005 at about 6 a.m, PW1-Circle Inspector of Excise, Palakkad Excise Enforcement and Anti Narcotic Special Squad, while conducting patrol duty along with other officials in the Squad, got reliable information that arrack has been stored by the 1st accused in House No.V/342 of Peringottukurissi Panchayath. After sending search memo to court, PW1 and party conducted search in that house and found out a 5 litre can full of illicit arrack. That house belonged to the revision petitioner (A2). The 1st accused, who is the wife of the revision petitioner (A2), was present in that house at the time of search and seizure, and she was arrested at the spot. After completing the legal formalities like sampling, labelling etc., the 1st accused along with the contraband were produced before the Excise Office, Kuzhalmannam, where crime was registered against both the accused by PW5, Assistant Excise Inspector, who was in charge of the Excise Inspector. CW9, Circle Inspector of Excise, Alathur investigated the case and laid charge against both the accused under Ss. 8(1) and 8(2) of the Abkari Act.

(3.) On appearance of the accused before the trial court, charge was framed under Ss. 8(1) and 8(2) of the Abkari Act, to which both of them pleaded not guilty. Thereupon, prosecution examined PWs 1 to 6, marked Exts.P1 to P9 documents and identified M.O.1, to prove its case.