VIJAYAKUMARI Vs. THE STATE OF KERALA

JUDGEMENT

(1.) The appellant was convicted by the Additional Sessions Court for the trial of Abkari Cases, Neyyattinkara, for the offence under Section 58 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 rigorous imprisonment for three 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: PW3, the Preventive Officer, Excise Circle Office, Neyyattinkara, and his party were on patrol at Aarayoor in Chenkal Village at about 1.00 p.m. on 29 -07 -1997. While so, the appellant was seen coming from the opposite side carrying a 10 litre jerrycan in her right hand. Entertaining a doubt, the excise party went to her and stopped her there. On examining the jerrycan, full of arrack was found in it. Since she had committed an offence under the Abkari Act, she was arrested by PW3 preparing Ext.P2 Arrest Memo. The jerrycan containing arrack was sealed and seized by PW3 under Ext.P1 Seizure Mahazar in the presence of witnesses.