SHIROSH @ BIJU Vs. STATE OF KERALA

JUDGEMENT

(1.) TWO persons were prosecuted for the offence punishable under Section 55(a) of the Kerala Abkari Act. Both of them were found guilty. Therefore they were convicted and sentenced to undergo simple imprisonment for five years and also to pay fine of Rs.5,00,000/ - each, with a default clause of six months. Set off as per law was allowed.

(2.) ON 16.11.2007 at about 4 pm while PWs 2 and 3 Excise officials along with the other officers were inspecting vehicles that were passing by, they happened to see a Scorpio vehicle coming from the northern side driven by the 1st accused, in which the 2nd accused was also present. The vehicle was asked to be stopped. But it stopped about 50 meters away from the jeep, which had brought the excise officers to the spot. The allegation is that after stopping the Scorpio vehicle the accused took to their heels. They were chased and apprehended. The further allegation is that the 1st accused handed over the key of the vehicle, which was opened and the excise officers detected 25 Cans of 35 litres each containing spirit. PW3, the detecting officer makes mention of the sampling and labeling done and also the procedure followed by him in preparing Ext.P1 Mahazar. He speaks about having prepared the arrest memo with reference to A1 and A2 and also the property list. He claims to have obtained the details of the registered owner of the vehicle as per Ext.P10 certificate. PW3 also states that certain amounts were received on the search of the body of the 1st accused. He claims to have taken 200ml of samples from each of the cans and affixed label on them. He speaks about having prepared Ext.P1 Mahazar. He then claims to have returned to Excise Range Office and registered Crime No.24 of 2007 of Aluva Excise Range. Ext.P6 is the crime report. He also says that the inventory prepared by him at the time was sent to court. The further investigation was conducted by PW4. He speaks about preparation of Ext.P12 Scene Mahazar and obtained Ext.P13 Site Plan. According to him, the articles, which were produced before court were returned to the Excise Office for safe custody and while so due to leakage 248.4 litres of spirit were lost. According to PW4, the Range Inspector Mr.Benchamin prepared Mahazar for the same and forwarded to the J.F.C.M. Court concerned. On 15.06.2010 the J.F.C.M Court, Aluva visited the Range Office and prepared an inventory of the articles found in the place and in the Excise Office. The said proceedings was marked as Ext.P14. Inventory was prepared by Sri. M.S. Balakrishnan, which was marked as Ext.P15. He claims to have recorded statement of witnesses, completed investigation and laid the final report.

(3.) EXAMINED and had Exts.P1 to P16 marked. MOs 1 series were got identified and marked. After the close of the prosecution evidence, the accused were questioned under Section 313 Cr.P.C. They denied all the incriminating circumstances brought out in evidence against them and maintained that they are innocent. They further stated that they have been falsely implicated. According to them they have reached the Market in Aluva on 14.11.2007 and they have gone to a bar to take liquor. There ensued a quarrel and scuffle in the bar, which involved the accused persons also. Next day they were produced before court, then they realised that they have been implicated in an Abkari Offence. 4. Finding that the accused could not be acquitted under Section 232 Cr.P.C., they were asked to enter on their defence. They chose to adduce no evidence. The court below presumably impressed by the evidence of PWs 2 and 3, found the accused guilty and conviction and sentence as already mentioned followed.