P.GOPALAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant was convicted by the Additional Sessions Court (Ad hoc) -I, Kasaragod, for the offence under Section 55(a) of the Abkari Act. He was sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rupees one lakh and, in default of payment of fine, to undergo rigorous imprisonment for one month. 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 respondents.

(3.) The prosecution case is briefly stated as follows: PW1, the Excise Inspector, Excise Range Office, Kasaragod, and his party were on patrol at Pernaduka in Kudlu Village, at about 12.30 p.m. on 24.10.2001. While so, the appellant was seen coming carrying a plastic sack in his right hand. Seeing the excise party, the appellant attempted to flee away. But, the excise party reached him soon. On examining the plastic sack carried by the appellant, twelve 750 ml. bottles with the labels affixed on them printed with Highway Fine Whisky etc. and for sale in Karnataka only were found in it. PW1 opened one of the bottles and examined and confirmed that it contained Indian made foreign liquor. All the bottles were similar. Since the appellant has committed an offence under the Abkari Act, he was arrested then and there by PW1. The opened bottle containing 740 ml. of liquor and the 11 other bottles containing liquor were seized by PW1 under Ext.P1 Seizure Mahazar in the presence of witnesses. The opened bottle was taken as sample and it was sealed. The other bottles were put together in the said plastic sack and that sack was also sealed by PW1. The sample bottle as well as the plastic sack containing the other bottles were labelled as well. Thereafter, PW1 and his party reached the Excise Range Office, Kasaragod, with the appellant, properties and the records and registered Crime No. 44 of 2001 of that Range Office in respect of the occurrence. Ext.P2 is the Crime and Occurrence Report thus prepared by PW1. The appellant, properties including sample and the records were produced before the Judicial First Class Magistrate's Court, Kasaragod. Ext.P3 is the List of Property. Ext.P4 is a copy of the Forwarding Note. Ext.P5 is the Certificate of Chemical Analysis issued from the Regional Chemical Examiner's Laboratory, Kozhikode. Ext.P7 is the requisition issued to the Village Officer, Kudlu Village, for preparing the site plan of the place of occurrence. The investigation of the case was taken over by PW5, the Circle Inspector of Excise, Kasaragod. Ext.P6 is the Report of Inspection of the place of occurrence prepared by PW5. He has questioned the witnesses and recorded their statements. He has completed the investigation and submitted the Final Report before the court.