K M RAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused was prosecuted for the offence punishable under Section 55(g) read with Section 8(2) and 58 of Abkari Act. He was found guilty and was therefore convicted and sentenced to suffer simple imprisonment for four years and to pay a fine of Rs.1 lakh with default clause of simple imprisonment for six months. Set off as per law was allowed.

(2.) The prosecution case is that on 30.07.2003, as usual, PW1, the Sub Inspector of Police, Kottayi Police Station along with PW2 and other officers had gone for patrol duty and on the way they received an information that Rajan S/o. Appunni is carrying out illicit distillation in his house. The team of officers led by PW1 surrounded the house of accused. When they entered the kitchen, they found a large aluminum vessel kept on fire with a liquid. The contents of the vessel were identified as wash. Nearby they found a plastic can with 2 litres capacity and the contents were revealed to be arrack. From the aluminum vessel containing about 8 litres of wash, 750 ml was taken as sample in three bottles. The sample so taken was sealed and labels were affixed on the same containing the signature of accused, witnesses and PW1. From the can containing 2 litres of arrack, 180 ml was taken as sample in three bottles and they were also sealed and labeled. Ext.P1 is the search memo, Ext.P2 is the search list and Ext.P3 is the arrest memo. PW1 returned to the station along with the contraband articles and the accused and registered Crime No.95/2003 as per Ext.P4 First Information Report. The accused was produced before court on the same day.

(3.) Investigation was conducted by PW6. He prepared Ext.P7 scene mahazar, obtained Ext.P8 chemical analysis report and he was also able to secure ownership certificate Ext.P9. He completed the investigation and laid charge before court.