GEORGE @ VIJAYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellants are the 2nd and 3rd accused in SC No.1601/2002 of the Additional Sessions Court (Abkari Cases), Kottarakkara, who stand convicted under Section 55(a) of the Abkari Act and sentenced to undergo simple imprisonment for one year each and to pay a fine of .1 lakh each, in default to undergo simple imprisonment for three months each. The 1st accused before the court below was acquitted under Section 235 Cr.P.C.

(2.) The prosecution case is that the appellants were found in possession of 25 litres of arrack at the house of the 1st accused at 12.30 p.m. on 27.01.1999. According to the prosecution, the 1st appellant was found pouring arrack from a can of 30 litre capacity to a can of 5 litre capacity held by the 2nd appellant inside the house of the 1st accused. When the excise party under the leadership of PW1 had reached the nearby house of the 1st accused on prior information, the 1st accused was seen coming out of the house. On seeing the excise party, he ran away and escaped.

(3.) The offence was detected by PW1, Excise Inspector, Kottarakkara Excise Range. Samples of 200 ml. each were drawn from the arrack contained in both the cans. The contraband was seized through Ext.P1 mahazar. PW1 registered CR No.8/1999 through Ext.P7 crime and occurrence report. Ext.P8 property list was prepared. The appellants along with the records, properties and the samples were produced before the Judicial First Class Magistrate's Court -I, Kottarakkara on 27.01.1999. As the same was produced before the learned Magistrate at 9.30 p.m., the learned Magistrate directed the Excise officials to produce the properties and the samples on the next day at 10.30 a.m. PW4, Excise Inspector, Kottarakkara, conducted the investigation. Ext.P11 certificate of chemical analysis was obtained, which shows that one of the samples contained 39.25% and the other sample contained 40.01% by volume of ethyl alcohol. PW4 filed the complaint alleging an offence punishable under Section 8(2) of the Abkari Act.