BABU Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant was convicted by the Additional Sessions Court (Ad hoc) -III, Thiruvananthapurm, for the offence under Section 8(1) and (2) of the Abkari Act. He was sentenced to undergo simple imprisonment for one year and to pay a fine of Rupees one lakh and, in default of payment of fine, to undergo imprisonment for three months. Challenging the conviction and sentence passed by the court below, the appellant has preferred this appeal.

(2.) Heard the learned counsel appearing for the appellant and the learned Public prosecutor appearing for the respondent.

(3.) The prosecution case is briefly stated as follows: PW1, the Preventive Officer, Excise Range Office, Chirayinkeezhu, and his party were on patrol at Vellalloor in Vellalloor village at about 7.30 p.m. on 16.8.1999. While so, the appellant was seen coming from the opposite side carrying a rose plastic bag in his right hand. Seeing the excise party, the appellant attempted to flee away. But, the excise party stopped him there. On examining the plastic bag, 18 covers of 150 ml. were found in it. One of the covers was opened and examined when it was realised that the covers contained arrack. Since the appellant committed an offence under the Abkari Act, he was arrested by PW1 preparing Ext.P1 Arrest Memo. Ext.P3 is the Arrest Intimation. A total quantity of 2.7 litres of arrack was found in 18 covers. The opened cover was pasted and all the 18 covers were put together in the rose bag and sealed and labelled and seized by PW1 under Ext.P2 Seizure Mahazar in the presence of witnesses. Thereafter, PW1 and his party reached the Excise Range Office, Chirayinkeezhu, with the appellant, properties and the records. PW1 registered Crime No. 34 of 1999 of that Range Office in respect of the occurrence. Ext.P4 is the Crime and Occurrence Report thus prepared by PW1. The appellant, properties and the records were produced before the Judicial First Class Magistrate's Court -II, Attingal. Ext.P5 is the List of Property and Ext.P6 is a copy of the Forwarding Note. Ext.P9 is the Certificate of Chemical Analysis issued from the Chemical Examiner's Laboratory, Thiruvananthapuram. The investigation of the case was conducted by PW4, the Excise Inspector, Excise Range Office, Chirayinkeezhu. He has questioned the witnesses and recorded their statements. He has completed the investigation and submitted the Final Report before the court.