GOPI.P. Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant in Crl.Appeal No.147/2009 is A3 and the appellants in Crl.Appeal No.183/2009 are A1 and A2 in S.C No.522/2006 of the Additional Sessions Court (Adhoc-II), Alappuzha, who stand convicted under Sections 8(2) and 55(g) of the Abkari Act and each of whom sentenced to undergo rigorous imprisonment for two years and to pay a 1,00,000/-, fine of in default, to undergo rigorous imprisonment for three more months, for each of the offences.

(2.) The prosecution case is that on 18.12.2004 at 2.45 p.m., the appellants along with the other accused in the case were found engaged in brewing arrack at the western and eastern sides of a bund closed to a paddy field in possession of one Kodampallil Billy in Pallippad 5th Ward, Pallippad Village. A quantity of 3850 litres of wash and 100 litres of arrack were seized.

(3.) The offences were detected by PW6 Sub Inspector of Police and party, Haripad. PW6 seized the aforesaid quantity of contraband and samples were drawn. All the properties including the contraband and samples were seized through Ext.P1 mahazar. A1 to A3, who were the appellants herein, were placed under arrest at the spot. Other persons, who were present along with the appellants, ran away from the spot and escaped. They could not be apprehended. He produced the appellants before court on 19.12.2004. The properties were produced before court on 20.12.2004 through Ext.P9 property list. A16 in the case was subsequently arrested by PW8 Sub Inspector of Police, Haripad. On 16.01.2005, all the other accused in the case namely, A4 to A15 and A17 surrendered before court. PW7 completed the investigation and filed the final report on getting Ext.P10 certificate of chemical analysis.