RAFY Vs. STATE OF KERALA

JUDGEMENT

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

(2.) The prosecution case as could be discerned from the records is as follows:

(3.) Pw3 took sample in a bottle of 180ml capacity and it was sealed and labeled as is the usual procedure. The balance contraband was also sealed and labeled and on both of them label containing the signature of accused, witnesses and PW3 was affixed. PW3 thereafter returned to the station and registered crime as per Ext.P4 First Information Report. On the next day, accused was produced before court and the property list prepared is Ext.P5.