MOHANAN Vs. THE STATE OF KERALA

JUDGEMENT

(1.) The appellant was convicted by the Additional Sessions Court (Ad hoc) -I, Thodupuzha, for the offence under Section 8(1) and (2) of the Abkari Act. He was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.1,00,000/ - (Rupees one lakh only) 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: PW4, the Sub Inspector of Police, Murickasserry Police Station, and his party were on patrol at about 3 p.m. on 13.4.2003. While so, PW4 received reliable information that the appellant was manufacturing arrack and selling the same in his house at Bethal in Vathikudy Village. Therefore, PW4 and his party reached that house. After preparing and sending a Search Memo to the court, the police party searched that house in the presence of witnesses. The appellant was present there. During search, a 35 litre jerrycan was found in the southern room of that house. On examining the jerrycan, about 17.5 litres of arrack was found in it. Therefore, PW4 arrested the appellant then and there. On further search, a 100 litre black jar was found in the courtyard adjacent to the south -western corner of that house. On examining that jar, full of wash used for manufacturing arrack was found in it. Vessels and utensils used for manufacturing arrack were also found nearby. PW4 had drawn three samples of arrack in 375 ml. bottles from the bulk contained in the 35 litre jerrycan. Those samples were sealed and labelled. He had also drawn three samples of wash in three 180 ml. bottles from the bulk contained in the said jar. Those samples were also sealed and labelled. The jerrycan containing bulk of arrack was also sealed and labelled. PW1 had collected 10 litres of wash from the bulk contained in the jar in a 10 litre jerrycan and rest of the wash was destroyed. The jerrycan containing 10 litres of wash was also sealed and labelled. All the items mentioned were seized by PW4 under Ext.P1 Seizure Mahazar in the presence of witnesses. Thereafter, PW4 and his party reached Murickasserry Police Station, with the appellant, properties including samples and the records. PW4 registered Crime No. 51 of 2003 of that Police Station in respect of the occurrence. Ext.P4 is the FIR thus drawn by PW4. He had produced the appellant, properties including samples and the records before the Judicial First Class Magistrate's Court, Idukki. Ext.P5 is the list of Property. Ext.P6 is a copy of the Forwarding Note. Ext.P7 is the Certificate of Chemical Analysis issued from the Chemical Examiner's Laboratory, Ernakulam. Ext.P8 is an Ownership Certificate. PW4 had conducted the investigation of the case. He had questioned the witnesses and recorded their statements. PW5, the Sub Inspector of Police, Murickasserry Police Station, submitted the Final Report before the court.