JANARDHANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The second accused in Sessions Case No. 977/2012 on the file of the Additional Sessions Judge-II, Kasaragod who has been convicted of the offence under Section 8 of the Abkari Act and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 1 lakh with a default clause is the appellant. The prosecution case is that he had in his possession 3194 packets each containing 100 ml. of arrack which were found concealed in a secret chamber in his house. Heard Smt. Asha Babu learned counsel for the appellant and the learned Public Prosecutor.

(2.) On 21.12.2007 PW 3, Excise Officer attached to Kumbala Excise Range Office, was on patrol duty when he got the information that arrack was kept in the house of the appellant. PW 3 prepared a search memo and thereafter, he along with PW 1 S.I. of Police went to the house of the appellant, which was found locked. They broke open the front door and searched the rooms. In the room in the south-west they found a secret chamber on the floor which had been covered with a 'kadappa' stone. There were seven plastic bags in the chamber. Six bags contained 500 packets and the last one 194 packets. Three packets were opened. The contents was found to be arrack, the total quantity of which was 319.4 liters. There were Kannada writings on the packets. The contents of the three packets were mixed up and 290 ml. of arrack was taken as sample in a 375 ml. capacity bottle; it was sealed at the place of occurrence. Ext. P2 is the search list prepared by PW 3 and signed by PW 2 and PW 4. This, in brief, is the evidence given by PW 1 and PW 3. There are no contradictions in the evidence of PW 1 S.I. of Police and PW 3 Excise Inspector. There is no reason to disbelieve their evidence.

(3.) The seized articles were produced before the Assistant Excise Commissioner. He destroyed it complying with the directions in S. 53A Abkari Act. Ext. P8 is the inventory prepared for the Articles and Ext. P9 are their photos.