RAMADAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant was convicted by the Additional Sessions Court (Ad hoc) -I, Thrissur, for the offence under Section 58 of the Abkari Act. He was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.1,00,000/ - (Rupees one lakh only) and, in default of payment of fine, to undergo simple imprisonment for two 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 Excise Inspector attached to the Excise Circle Office, Irinjalakuda, and his party were on patrol at about 8 p.m. on 21.8.2004. While so, the appellant was seen at Poolani in Meloor Village carrying a 10 litre black jerrycan in his right hand. On examining that jerrycan, about 8 litres of arrack was found in it. Since the appellant had committed an offence under the Abkari Act, he was arrested by PW1 then and there preparing an Arrest Memo. An arrest intimation was also issued to his relative. PW1 had drawn 300 ml. of arrack as sample in a 375 ml. bottle from the bulk contained in the jerrycan. The sample bottle was sealed by affixing the personal seal of PW1. The jerrycan containing bulk of arrack was also sealed. Both the sample and the jerrycan containing arrack were seized by PW1 under Ext.P1 Seizure Mahazar in the presence of witnesses. Thereafter, PW1 and his party returned with the appellant, contraband and the records and handed over them to PW5, the Excise Inspector, Excise Range Office, Chalakudy. PW5 registered Crime No. 43 of 2004 of that Range Office in respect of the occurrence. Ext.P6 is the Crime and Occurrence Report thus prepared by PW5. He had produced the appellant, properties and the records before the Judicial First Class Magistrate's Court, Chalakudy. The investigation of the case was conducted by PW4, the Excise Inspector, Excise Range Office, Chalakudy. He had gone to the place of occurrence and prepared Ext.P3 Scene Mahazar. He had also prepared Ext.P4 Location Sketch in respect of the place of occurrence. He had questioned the witnesses and recorded their statements. He had completed the investigation and submitted the Final Report before the court.