SUNNY, S/O. MATHAI Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant was convicted by the Additional Sessions Court, Thodupuzha, for the offence under Section 55(g) of the Abkari Act. He was sentenced to undergo simple imprisonment for four years and to pay a fine of 1 lakh and, in default of payment of fine, to undergo simple imprisonment for one year. 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, Vellathooval, and his party were on patrol at about 3.30 p.m. on 04 -08 -2003. When they reached Erumalakappu, PW1 received reliable information that the appellant was manufacturing arrack in his house. Therefore, after preparing and sending Ext.P1 Search Memorandum to the court, PW1 and his party reached that house when the appellant ran away from there. PW1 and his party, in the presence of witnesses, entered into that house and searched there. During the search wash and different vessels and utensils used for manufacturing arrack were found in the kitchen and the bedroom of that house. PW1 had drawn two samples of 750 ml. each of wash in two 750 ml. bottles from the bulk contained in an aluminium vessel. Similarly, he had drawn two samples of 750 ml. each of wash in two 750 ml. bottles from the bulk contained in a jar. The samples so taken were sealed by PW1. The vessels, utensils etc., seen there were seized by PW1 under Ext.P2 Seizure Mahazar in the presence of witnesses. Thereafter, PW1 and his party reached Vellathooval Police Station with the properties and the records. PW1 registered Crime No.179 of 2003 of that Police Station in respect of the occurrence. Ext.P3 is the F.I.R. thus drawn by PW1. He had produced the properties and the records before the Judicial First Class Magistrate's Court, Adimali, on the next day. Ext.P4 is the List of property. Ext.P5 is a copy of the Forwarding Note. He had conducted the investigation of the case. During the course of investigation, he had arrested the appellant from his house on 11 -10 -2003 preparing Ext.P6 Arrest Memo. Ext.P7 is the Inspection Memo. Ext.P11 is an Ownership Certificate. PW1 had questioned the witnesses and recorded their statements. Subsequently, the investigation had been continued by PW7, the Sub Inspector of Police, Vellathooval Police Station. He had submitted Ext.P13 Report in respect of the house of the appellant before the court. Ext.P14 is the Certificate of Chemical Analysis issued from the Chemical Examiner's Laboratory, Ernakulam. PW7 had completed the investigation and submitted the Final Report before the court.