ISAC Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant was convicted by the Additional Sessions Court (Ad hoc) -II, Thodupuzha, for the offences under Section 55(a) and (i) of the Abkari Act. He was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rupees one lakh and, in default of payment of fine, to undergo rigorous imprisonment for three months for the offence under Section 55(i) of the Abkari Act. No separate sentence was passed for the offence under Section 55(a) of the Abkari Act. 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: PW5, the Sub Inspector of Police, Vandanmedu Police Station, and his party were on patrol at Anakkara at about 8.30 p.m. on 23.12.2000. While so, PW5 received information that the appellant was selling liquor in his hotel. Therefore, after preparing Ext.P8 Search Memo and sending the same to the court, PW5 and his party reached that hotel. The appellant was not present there. On searching the hotel, 3.750 ml. of different varieties of liquor was found in the kitchen of that hotel. They are marked as MO. 1 to MO.6. PW5 has taken two samples of liquor from the opened bottles of brandy and whisky and sealed them. He has seized the aforesaid liquor including samples under Ext.P1 Search List in the presence of witnesses. Thereafter, he reached Vandanmedu Police Station with the liquor and the records and registered Crime No.225 of 2000 of that Police Station in respect of the occurrence. Ext.P4(a) is the FIR thus drawn by PW5. He has produced the liquor including the samples and the records before the Judicial First Class Magistrate's Court, Nedumkandam. Ext.P5 is the List of Property and Ext.P6 is a copy of the Forwarding Note. Ext.P9 is the Certificate of Chemical Analysis issued from the Chemical Examiner's Laboratory, Ernakulam. PW5 conducted the investigation of the case. He has questioned the witnesses and recorded their statements. During investigation, the appellant was arrested by PW5 and produced him before the court. PW6, the Circle Inspector of Police, Kattappana, has verified the investigation conducted by PW5. He has completed the investigation and submitted the Final Report before the court.