KUNHU ALIAS MOOTHEDATHU DEVASSYA Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant was convicted by the Additional Sessions Court (Ad hoc) -II, Thalassery, for the offence under Section 55(a) of the Abkari Act. He was sentenced to undergo rigorous imprisonment for one year and to pay a fine of 1,00,000/ - (Rupees one lakh only) and, in default of payment of fine, to undergo rigorous imprisonment for one month. 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 Sub Inspector of Police, Ulikkal Police Station, and his party were on patrol at about 3 p.m. on 23.12.2002. When they reached Manikkadavu, the police party received reliable information that the appellant was keeping arrack in his house for the purpose of sale. Therefore, the police party reached the house of the appellant at Cheryamavu at 3.10. p.m. After sending Ext.P6 Search Memo to the court, the police party commenced search at the house of the appellant. The appellant was present there. During search, a 10 litre jerrycan was found in the kitchen of that house. On examining that jerrycan, it was found that it contained 5 litres of arrack. Since the appellant had committed an offence under the Abkari Act, he was arrested by PW1 preparing Ext.P1 Arrest Memo. He had drawn 375 ml. of arrack as sample in a 375 ml. bottle from the bulk contained in the jerrycan. The sample bottle and the jerrycan containing rest of arrack were sealed and seized by PW1 under Ext.P2 Search List. Thereafter, PW1 and his party reached Ulikkal Police Station with the appellant, contraband including sample and the records. PW1 registered Crime No. 282 of 2002 of that Police Station in respect of the occurrence. Ext.P3 is the FIR thus drawn by PW1. He had produced the appellant, contraband including sample and the records before the Judicial First Class Magistrate's Court, Mattannur. Ext.P4 is the List of Property and Ext.P5 is a copy of the Forwarding Note. Ext.P6 is the Search Memo. Ext.P7 is the Certificate of Chemical Analysis issued from the Regional Chemical Examiner's Laboratory, Kozhikode. Ext.P8 is the Inventory of the liquor seized. Ext.P9 is the Ownership Certificate and Ext.P10 is the Scene Mahazar. The investigation of the case was conducted by PW4, the Sub Inspector of Police, Karikottakari Police Station. He had gone to the place of occurrence and prepared Ext.P10 Scene Mahazar. He had questioned the witnesses and recorded their statements. The Final Report was submitted before the court by PW1.