SHAJI Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused who stands convicted for offence punishable under Section 55(a) of the Akari Act is the appellant herein.

(2.) The allegation of the prosecution is that on 24/3/2009 while the Circle Inspector of Excise, Special Squad, was on his duty, at about 2.30 p.m. he got a secret information regarding the transportation of illicit spirit. Immediately, he proceeded to the spot and intercepted a lorry bearing No.TN- 49AA-6348. Driver and helper were found in the cabin. At the time of inspection, the helper got down from the vehicle and escaped. The driver was intercepted, who disclosed that the vehicle had a secret chamber in between the platform of the vehicle. It was opened and found that 102 cans of 33 litres capacity containing 32 liters of spirit, totaling 3264 litres were kept concealed in the secret chamber. The driver disclosed that it was being transported from Coimbatore to Chalakudy at the instance of one Vimal of Coimbatore. Samples of 300 ml. from the first can were drawn. Thereafter, samples were sealed and on completion of the legal formalities, the accused was arrested and thereafter produced before the Magistrate. Investigation was completed by PW5 & PW6 and final report was laid before the court. The accused pleaded not guilty and demanded trial. On the side of the prosecution, PWs 1 to 6 were examined and Exts.P1 to P11 were marked. No material object was identified. On the basis of the available materials, the court below concluded that the accused was guilty of the offence punishable under Section 55(a) of the Abkari Act, convicted and sentenced him to undergo rigorous imprisonment for five years and to pay a fine of Rs.1,00,000/- and in default to undergo RI for one year.

(3.) This is assailed in this appeal. Heard and examined the records.