SOBHA Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant was convicted by the Additional Sessions Court (Ad hoc) -I, Pathanamthitta, for the offence under Section 8(1) and (2) of the Abkari Act. She was sentenced to undergo rigorous imprisonment for two years and to pay a fine of 1 lakh and, in default of payment of fine, to undergo simple imprisonment for two years. 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, Pathanamthitta, and his party were on patrol at Vazhamuttom in Omallur Village at about 1.15 p.m. on 05 -12 -2001. While so, the appellant was seen coming from the opposite side carrying a 2.5 litre jerrycan in her right hand. Seeing the excise party, she attempted to flee away. But the excise party stopped her there. On examining the jerrycan carried by her, about 2 litres of arrack was found in it. Since she has committed an offence under the Abkari Act, with the help of the women police constables, she was arrested then and there. Ext.P2 is the Arrest Memo. The jerrycan containing arrack was seized by PW1 under Ext.P1 Seizure Mahazar in the presence of witnesses. PW1 has drawn 300 ml. of arrack as sample in a 375 ml. bottle from the bulk contained in the jerrycan. The sample bottle and the jerrycan containing arrack were sealed by PW1.