MANSOOR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners were convicted by the trial court for the offence under Section 8(1) and (2) of the Abkari Act. They were sentenced to undergo rigorous imprisonment for two years each and to pay a fine of Rs.1,00,000/ - each and, in default of payment of fine, to undergo imprisonment for six months each. The petitioners preferred appeal against the convictions and sentences passed by the trial court. The appellate court confirmed the convictions and sentences passed by the trial court. Challenging the convictions and sentences, the petitioners have preferred this revision petition.

(2.) Heard the learned counsel appearing for the petitioners and the learned Public Prosecutor appearing for the respondent.

(3.) The prosecution case is that the petitioners were found in possession of 210 litres of arrack in six 35 litre jerrycans kept in an autorickshaw at about 9.30 p.m. on 22.10.2002 at Moozhikkal in Chelavoor. PW1, the Preventive Officer attached to the Intelligence Squad, Kozhikode, had detected the offence. He had arrested the petitioners then and there. Ext.P4 is the Search List prepared by him. PW1 had drawn 375 ml. each of arrack as sample from each of the six jerrycans in six separate 375 ml. bottles. The sample bottles were sealed. The contraband including the samples, the autorickshaw in which the contraband was carried and the key of the autorickshaw were seized by PW1 under Ext.P1 Seizure Mahazar in the presence of witnesses. The petitioners, contraband including samples and the records were produced at the Excise Range Office, Kunnamangalam, on the next day. A case had been registered at that Range Office in respect of the occurrence. Ext.P7 is the Crime and Occurrence Report thus prepared. The petitioners, contraband including samples and the records were produced before the Judicial First Class Magistrate's Court -I, Kozhikode. Exts.P2 and P2(a) are the Arrest Memos. Ext.P3 is a Body Mahazar. Ext.P5 is a copy of the Forwarding Note. Ext.P9 is the List of Property. Ext.P6 is the Certificate of Chemical Analysis issued from the Regional Chemical Examiner's Laboratory, Kozhikode, and Ext.P8 is the Site Plan showing the place of occurrence. The investigation of the case was conducted by PW3, Excise Inspector, Excise Range Office, Kunnamangalam. He had questioned the witnesses and recorded their statements. He had completed the investigation and submitted the Final Report before the court.