LAWS(KER)-2015-12-217

KRISHNANKUTTY Vs. STATE OF KERALA

Decided On December 03, 2015
KRISHNANKUTTY Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The accused was prosecuted for the offence punishable under Sections 8(1) and (2) of Abkari Act. He was found guilty and was therefore convicted and sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs.1 lakh with default clause of rigorous imprisonment for six months. Set off as per law was allowed.

(2.) The prosecution case is that on 17.12.2005, on getting information, PWs 1, 2 and others enquired into sale of illicit liquor at Kalloorvayal during patrolling duty. They stopped their vehicle at Kalloor junction and while they were walking along the road, they happened to see the accused standing in front of the house of one Jayachandran carrying a can. Seeing the Excise Officials it is stated that the accused became nervous and tried to run away. He was apprehended and though he tried to extricate himself, he was overpowered by the Excise Officials. The can seized had a capacity of 10 liters and it was found to contain a blue liquid. By taste and smell, it was identified as arrack. According to prosecution, the accused revealed that he had bought it from somebody else for sale. The can was taken into custody and from the can, 200ml of arrack was taken as sample in a bottle having a capacity of 375 ml. It was sealed and labeled and the label was signed by PW1, witnesses and the accused. Ext.P2 mahazar was prepared at the spot. They returned to the station with the accused, contraband article and the records and as per Ext.P3 crime and occurrence report, registered Crime No.87/2005. Ext.P4 is the property list and Ext.P5 is the forwarding note.

(3.) Pw5 took over investigation of the case. He prepared Ext.P6 scene mahazar, recorded statement of witnesses, obtained Ext.P7 chemical analysis report and laid final report before court.