CHRISTUDAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellants were convicted by the Additional Sessions Court for the Trial of Abkari Act Cases, Neyyattinkara, for the offence under Section 55(a) of the Abkari Act. They were sentenced to undergo rigorous imprisonment for two years each and to pay a fine of Rupees one lakh each and, in default of payment of fine, to undergo rigorous imprisonment for three months each. Challenging the conviction and sentence passed by the court below, the appellants have preferred this appeal.

(2.) Heard the learned counsel appearing for the appellants and the learned Public Prosecutor appearing for the respondent.

(3.) The prosecution case is briefly stated as follows: PW4, the Sub Inspector of Police, Vellarada Police Station, and his party were on patrol at about 6.30 p.m. on 13.01.2000. When they reached Arattukuzhi, PW4 received reliable information that three persons were selling arrack in the property of one Ani. Soon, PW4 and his party reached there when the first appellant was seen with a black jerrycan kept near him, the second appellant was seen pouring arrack from another jerrycan into a glass tumbler and the third accused was seen receiving money from the consumers of arrack. Seeing the police party, the appellants and the third accused attempted to flee away. But, the police party stopped them there. On examining the jerrycans found with the appellants, arrack was found in them. Therefore, the appellants and the other accused were arrested by PW4 then and there preparing Arrest Memos. The 10 litre black jerrycan found with the first appellant was full of arrack. The other 5 litre black jerrycan found with the second appellant contained about 4 litres of arrack. The glass tumbler was of 150 ml. capacity. PW4 sealed both the jerrycans and seized them and the glass tumbler under a Seizure Mahazar in the presence of witnesses. Thereafter, PW4 and his party reached Vellarada Police Station with the appellants and the other accused, properties and the records and registered Crime No.17 of 2000 of that Police Station in respect of the occurrence. The appellants and the other accused, the properties and the records were produced before the Judicial First Class Magistrate's Court - III, Neyyattinkara. The investigation of the case was conducted by PW4. He has questioned the witnesses and recorded their statements. MOs. 1 to 3 are the material objects seized by PW4 from the place of occurrence. (The documents marked during the trial were not properly numbered). After completing the investigation, PW4 submitted the Final Report before the court.