RANI Vs. STATE OF KERALA

JUDGEMENT

(1.) Two persons were prosecuted for the offence punishable under Sections 55(a) and (i) of Abkari Act. Both of them were found guilty. The 1st accused was convicted for the offence under Section 55(a) of Abkari Act and sentenced to suffer rigorous imprisonment for two years and to pay a fine of Rs.1 lakh with default clause of simple imprisonment for one year. The 2nd accused was convicted for the offence under Section 55(i) of Abkari Act and was sentenced to suffer rigorous imprisonment for four years and to pay a fine of Rs.2 lakhs with default clause of simple imprisonment for two years. Crl. Appeal No.478/2006 is by the 2nd accused and Crl. Appeal No.561/2006 is by the 1st accused. Since the facts of the appeals are the same, they have been disposed of by a common judgment.

(2.) The prosecution story runs as follows:

(3.) According to prosecution, 1st accused was working as a salesman and was arrested from the spot. The 2nd accused is the licencee of the shop. Apart from the cover opened for identifying the article, PW5 would say that he opened another cover also and transferred the contents of the two packets in a bottle having a capacity of 375ml. He also took a sample of 300ml of arrack in a bottle of 375 ml capacity from the can also. The rest of the contraband articles, can and bottles were sealed at the spot itself. On those bottles, PW5 says that he had affixed labels containing the signature of accused, witnesses and himself. The balance 34 packets were tied into a bundle and that were also sealed and labeled. Ext.P2 is the mahazar prepared by him.