BABU Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant was convicted by the Additional Sessions Court (Ad hoc) -II, Thiruvananthapuram, for the offence under Section 55(a) of the Abkari Act. He was sentenced to undergo rigorous imprisonment for one and a half years and to pay a fine of 1 lakh and, in default of payment of fine, to undergo simple imprisonment for six 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: PW6, the Excise Inspector, Excise Enforcement and Anti - Narcotic Special Squad, Thiruvananthapuram, and his party were on patrol at Anad in Palode Village at about 1.30 p.m. on 28 -10 -1998. While so, the appellant was seen coming from the opposite side carrying a 5 litre black jerrycan. Seeing the excise party, the appellant attempted to flee away. But, he was stopped there by the excise party. On examining the jerrycan carried by the appellant, 3 litres of arrack was found in it. Since the appellant had committed an offence under the Abkari Act, he was arrested by PW6 then and there preparing Ext.P5 Arrest Memo in the presence of witnesses. The jerrycan containing arrack was sealed, labelled and seized by PW6 under Ext.P1 Seizure Mahazar in the presence of witnesses. Thereafter, the appellant, contraband and the records were handed over to PW5, the Excise Inspector, Excise Range Office, Vamanapuram. He had registered Crime No.36 of 1998 of that Range Office in respect of the occurrence. Ext.P3 is the Crime and Occurrence Report thus prepared by PW5. The appellant, contraband and the records were produced before the Judicial First Class Magistrate's Court -I, Nedumangad. Ext.P4 is the List of Property. Ext.P2 is the Certificate of Chemical Analysis issued from the Chemical Examiner's Laboratory, Thiruvananthapuram. The investigation of the case was conducted by PW4, the Excise Inspector, Excise Range Office, Vamanapuram. He had questioned the witnesses and recorded their statements. He had completed the investigation and submitted the Final Report before the court.