SUBAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) The 1st accused in Crime No.86/2004 of the Bathery Excise Range faced trial before the Additional Sessions Court (Adhoc) -I, Kalpetta in S.C.No.374/2006. He stands convicted under Section 55(a) of the Abkari Act and sentenced to undergo simple imprisonment for four years and to pay a fine of 1,00,000/ -, in default, to undergo simple imprisonment for one more year.

(2.) The prosecution case is that on 16.11.2004 at about 10 p.m., the appellant was found sitting in the cabin of a mini lorry bearing Regn. No. TN 45 -M -3947 which was found carrying 570 litres of rectified spirit unauthorizedly brought from State of Karnataka to State of Kerala. PWs.1 and 4 could see the appellant by sitting in the cabin of the lorry, which was stopped on the road side, discussing something with the 2nd accused who was sitting on a motor bike. When PWs.1, 4 and party approached the mini lorry, A2, who was sitting on the motor bike, swiftly got down, ran through the forest and escaped. Even though attempts were made, he could not be nabbed. PWs.1 and 4 took into custody the lorry, along with the appellant.

(3.) The contraband was seized, and the appellant was placed under arrest through Ext.P1 arrest memo. A quantity of 300 ml. of spirit was drawn from the contraband as sample. Labels were affixed on the cans containing spirit and also on the mini lorry and motor bike. Label was affixed on the sample bottle also. Signatures of PW1, appellant and independent witnesses were affixed on the labels. PW1 took the appellant to the Batheri Range Office and Ext.P3 crime and occurrence report was registered. The appellant and the properties were produced before court on the next day. Forwarding note was filed for getting the sample analysed. Ext.P7 certificate of chemical analysis shows that the sample contained 86.47% by volume of ethyl alcohol. Consequently, the final report has been filed alleging the offence punishable under Section 55(a) of the Abkari Act.