KOTTU @ MADHAVI Vs. STATE-REPRESENTED BY PUBLIC PROSECUTOR

JUDGEMENT

(1.) The petitioner was convicted for the offence under Section 55(g) of the Abkari Act by the trial court. She was sentenced to undergo simple imprisonment for one year and to pay a fine of 1 lakh and, in default of payment of fine, to undergo simple imprisonment for three months. Challenging the conviction and sentence passed by the trial court, the petitioner preferred an appeal. The appellate court confirmed the conviction of the petitioner for the offence under Section 55(g) of the Abkari Act. But, modified the sentence of imprisonment by reducing it to six months. Challenging the correctness, legality or propriety of the conviction and sentence, the petitioner has preferred this revision petition.

(2.) Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor appearing for the respondent.

(3.) The prosecution case is briefly stated as follows: PW4, the Sub Inspector of Police, Vellarikundu Police Station, received reliable information on 04 -09 -2001 that wash used for distilling arrack was kept in the house of the petitioner at Charumbakod in Malom Village. Therefore, after sending Ext.P4 Search Memo to the Judicial First Class Magistrate's Court -II, Hosdurg, PW4 and his party reached that house at about 11.30 a.m. on that day. Seeing PW4 and his party, the petitioner fled away from that house. During search of that house, 65 litres of wash contained in a jerrycan and in two aluminium vessels was found beneath a cot in the southern bedroom of that house. PW4 seized that wash under Ext.P1 Search List in the presence of witnesses. He had drawn two samples of 650 ml. each of wash in two 750 ml. bottles from the bulk of wash contained in the jerrycan. The sample bottles were sealed. Thereafter, PW4 and his party reached Vellarikundu Police Station. PW4 registered Crime No.140 of 2001 of that Police Station in respect of the occurrence. Ext.P5 is the F.I.R. thus prepared by PW4. He had produced the material objects along with Ext.P6 List of Property before the court. PW5, the Additional Sub Inspector of Police, Vellarikundu Police Station, had conducted the investigation of the case. He had gone to the scene of occurrence and prepared Ext.P2 Scene Mahazar in the presence of witnesses. He had produced the Forwarding Note for subjecting the sample to chemical analysis before the court. Ext.P7 is a copy of that Forwarding Note. Ext.P3 is the Certificate of Ownership issued by PW3, Village Officer, Malom, showing the ownership of the house where the search was conducted. Ext.P8 is the Certificate of Chemical Analysis issued from the Regional Chemical Examiner's Laboratory, Kozhikode. PW5 had questioned the witnesses and recorded their statements. He had completed the investigation and submitted the Final Report before the court.