RAJESH T. Vs. STATE OF KERALA

JUDGEMENT

(1.) The first accused, who stands convicted by the judgment in SC No. 123/2010 of the Second Additional Sessions Judge/Special Judge for NDPS Act, Thodupuzha for offences punishable under Ss. 8(1)&(2) and 55(a) of the Kerala Abkari Act, is the appellant herein.

(2.) The case of the prosecution was that on 1 -4 -2009 at about 9.30. p.m. while the Circle Inspector of the Special Squad was on a regular patrol duty, intercepted a lorry bearing No. KL -13 S 6810 proceeding along Kumali - Kottayam main road. The first accused was driving the vehicle. On a search conducted on the lorry, it was found that the lorry was carrying hollow bricks. It was searched and found that beneath the hollow bricks, 94 cans of 35 litres capacity with 93 cans containing 33 litres of spirit and one can containing 10 litres of spirit totaling to 3265 litres, were concealed. Samples of 100 ml each from each can were drawn and the sample bottles were sealed. After completion of all initial formalities, both accused were arrested and crime was filed before the Magistrate Court. On completion of the investigation by PW4, final report was laid for offences punishable under Ss. 8(1) & (2) and 55 (a) of the Abkari Act However, the first accused alone was available for trial and the remaining accused remained elusive. On the side of the prosecution PWs 1 to 5 were examined and Exhibits P1 to P9 were marked. MO1 to MO3 series material objects were identified. There was no defence evidence. The trial court, on an evaluation of all the available materials, found the accused guilty, convicted and sentenced to undergo RI for five years and to pay a fine of Rs. 2 Lakhs and in default to undergo RI for one year for offence punishable under Sec. 8(2), and to undergo RI for five years and to pay a fine of Rs. 2 Lakhs and in default to undergo RI for one year under Sec. 55 (1) of the Abkari Act.

(3.) Aggrieved by the above conviction and sentence, the first accused has preferred this appeal. Heard both sides and examined the records.