SIMON Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused faced prosecution for the offence punishable under Section 55(a) of Abkari Act. After trial, he was found guilty for the offence under Section 58 of Abkari Act and was therefore convicted and sentenced to suffer rigorous imprisonment for two years and to pay a fine of Rs.1 lakh with default clause of rigorous imprisonment for three months. Set off as per law was allowed.

(2.) The prosecution case is that on 30.09.1997, PWs 2 and 3 along with other officers had gone for routine patrol duty. When they reached near Polakkavila Pentecost church, they happened to see the accused coming along the road carrying a can. He was intercepted and the can was seized. By taste and smell, the contents of the can was identified as arrack. The can had a capacity of 5 liters and it was full of contraband article. After preparing arrest memo, accused was arrested. The contraband was seized and sealed and a slip containing the signature of accused and witnesses was affixed on the same. PW3, after reaching the office, registered crime as per Ext.P3 occurrence report. Ext.P5 is the property list prepared by him and it was received on 01.10.1997. He also filed a requisition to court to take sample for sending the same for chemical analysis. The report received is Ext.P6.

(3.) Investigation was done by PW4. He recorded the statement of witnesses, completed investigation and laid charge before court.