ANDIKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) This revision is at the instance of the accused in S.C No. 482 of 2006 on the file of Additional Assistant Sessions Judge, Kozhikode, assailing the judgment in Crl.Appeal No.560 of 2009 on the file of Additional District and Sessions Judge Fast Track (Adhoc-I), Kozhikode, which upheld his conviction and sentence under Sec. 8(2) of the Abkari Act.

(2.) The prosecution case is that on 2/9/2005, on getting reliable information that the revision petitioner was distilling illicit arrack in his house, PW1, Sub Inspector of Police, Kunnamangalam and Police party proceeded to his house after sending search memo to the court, and on search, they found a 5 litre can containing 2.5 litres of arrack in his bedroom beneath the cot, and four plastic pots containing 30 litres of wash were also found hidden behind the house. The revision petitioner was arrested on the spot at 5.45 pm, and sample was taken from the illicit arrack as well as from the wash. It was sealed and the residue of wash was destroyed. The revision petitioner along with the sample seized and the documents prepared were produced before Kunnamanagalam Police Station, and a case was registered against the revision petitioner. PW8 investigated the case and laid charge sheet against the revision petitioner under Ss. 55(a) and 55(g) of the Abkari Act.

(3.) On appearance of revision petitioner before the trial court, charge was framed under Ss. 55(a) and 55(g) of the Abkari Act, read over and explained, to which, he pleaded not guilty and claimed to be tried. Thereupon, prosecution examined PWs 1 to 8, marked Exts.P1 to P8 and identified MO1, to prove its case.