THULASEEDHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant was convicted by the Additional Sessions Court (Ad hoc) -III, Pathanamthitta, for the offence under Section 8(1) and (2) of the Abkari Act. He was sentenced to undergo simple imprisonment for two years and to pay a fine of 1 lakh and, in default of payment of fine, to undergo simple 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: PW4, the Preventive Officer in charge of the Excise Inspector, Excise Range Office, Adoor, and his party were on patrol at Kurampala in Kurampala Village, at about 12.45 p.m. on 13 -11 -2001. While so, the appellant was seen coming from the opposite side carrying a 10 litre black jerrycan in his right hand. Seeing the excise party, the appellant attempted to flee away. But, the excise party stopped him there. On examining the jerrycan carried by the appellant, about three litres of arrack was found in it. Since the appellant has committed an offence, he was arrested by PW4 preparing Ext.P4 Arrest Memo. Ext.P5 is the Arrest Notice. PW4 has drawn two samples of 300 ml. each of arrack in two 375 ml. bottles from the bulk contained in the jerrycan. The sample bottles as well as the jerrycan containing arrack were sealed and seized by PW4 under Ext.P1 Seizure Mahazar in the presence of witnesses. Thereafter, PW4 and his party reached the Excise Range Office, Adoor, with the appellant, properties and the records and registered Crime No.66 of 2001 in respect of the occurrence. Ext.P6 is the Crime and Occurrence Report thus prepared by PW4. The appellant, properties and the records were produced before the Judicial First Class Magistrate's Court, Adoor. Ext.P7 is the List of Property, Ext.P8 is the Remand Report and Ext.P9 is a copy of the Forwarding Note. Ext.P10 is the Certificate of Chemical Analysis issued from the Chemical Examiner's Laboratory, Thiruvananthapuram. The investigation of the case was conducted by PW5, the Excise Inspector, Excise Range Office, Adoor. He has questioned the witnesses and recorded their statements. He has completed the investigation and submitted the Final Report before the court.