NARAYANANKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant was convicted by the Additional Sessions Court (Ad hoc)-I, Palakkad, for the offence under Section 8 of the Abkari Act. He was sentenced to undergo simple imprisonment for one year and to pay a fine of Rs. 1,00,000/- and, in default of payment of fine, to undergo simple imprisonment for six months. The appellant challenges the conviction and sentence so passed by the Court below in this appeal. Heard the learned counsel appearing for the appellant and the learned Public Prosecutor appearing for the respondent.

(2.) The prosecution case is briefly stated as follows: On getting information that the appellant was selling arrack in the premises of his house, PW 1, the Sub Inspector of Police, Kongad Police Station, and his party left for that place and reached that place, viz., Thripplammunde in Kongad-II Village, at 1.30 p.m. on 12/07/2003. Seeing the police party, the appellant, who was standing in the courtyard on the southern side of his house carrying a 5 litre jerrycan in his one hand and a glass in the other hand, attempted to flee away. But, he was stopped there by PW 1. On examining, it was found that the jerrycan contained 2 litres of arrack. Therefore, the appellant was arrested by PW 1 then and there. Ext. P2 is the Arrest Memo prepared by PW 1. On examining the premises, a 10 litre jerrycan containing full of arrack was found in the shrubs on the northern side of that house. PW 1 had seized both the jerrycans containing arrack and the glass under Ext. P1 Seizure Mahazar. He had also taken three samples of 180 ml. each from each of the two jerrycans and sealed and seized them. Thereafter, PW 1 reached Kongad Police Station with the appellant and the contraband items at 3 p.m. and registered Crime No. 165 of 2003 of that Police Station in respect of the occurrence. Ext. P3 is the FIR thus drawn by PW 1. He had produced the properties before the Court on 18/07/2003. The investigation of the case was taken over by PW 6, the Sub Inspector of Police, Hemambika Nagar Police Station, in between 2 p.m. and 2.30 p.m. on 12/07/2003 itself. He had prepared Ext. P4 Scene Mahazar. He had questioned the witnesses and recorded their statements. He had produced the Forwarding Note for subjecting the samples to chemical examination. Ext. P6 is a copy of that Forwarding Note. Ext. P7 is the Certificate of Chemical Analysis issued from the Chemical Examiner's Laboratory. After completing the investigation, PW 6 submitted the Final Report before the Judicial First Class Magistrate's Court-II, Palakkad.

(3.) The learned Magistrate, after complying with the legal requirements, committed the case to the Court of Session, Palakkad, and, from there, it was made over to the Additional Assistant Sessions Court, Palakkad. Later, the case was withdrawn and made over to the Additional Sessions Court (Ad hoc)-l, Palakkad. The Court below framed a charge against the appellant alleging the offence under Section 8 of the Abkari Act. The appellant pleaded not guilty of the charge. The prosecution examined PWs 1 to 6 and marked Exts. P1 to P7 and MO 1 series on their side. The appellant was examined under Section 313 of Cr.P.C. He had denied the incriminating circumstances shown against him. The defence had not adduced any evidence. The Court below, after considering the matter, found the appellant guilty of the offence under Section 8 of the Abkari Act and convicted him thereunder. He was heard on the question of sentence and imposed the sentence on him.