SATHEESH BABU Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant in Crl. Appeal No.145 of 2008 was the first accused and the appellant in Crl. Appeal No.218 of 2008 was the second accused in Crime No.587 of 1997 of Kottarakkara Police Station. The case against them was committed to the Court of Session, Kollam, by two separate orders passed by the Judicial First Class Magistrate's Court -I, Kottarakkara. The Sessions Court, initially, made over the cases against the appellants to the Assistant Sessions Court, Kottarakkara. Subsequently, they were transferred to the Additional Sessions Court (Abkari Act cases), Kottarakkara.

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

(3.) The prosecution case is briefly stated as follows: PW5, the Sub Inspector of Police, Kottarakkara Police Station, and his party were on patrol at about 11.45 a.m. on 18 -07 -1997. While so, they got reliable information that arrack was stored and being sold in a house on the western side of Iruvellikkal Anjithra Ela. Therefore, PW5 and his party reached that place when PW5 received information from the first accused that spirit was stored in that house. Therefore, after preparing and sending Ext.P2 Search Memorandum to the court, PW5 and his party searched that house in the presence of witnesses. During search, 32 jerrycans of 35 litre size containing liquid were seen remaining in the north - western room of that building. On opening and examining the contents of those jerrycans, it was revealed that all those jerrycans contained rectified spirit used for making arrack. Since PW5 was convinced that both the accused stored and kept that rectified spirit for converting as arrack for sale, PW5 arrested the first accused then and there preparing Ext.P3 Arrest Memo. Each of the 32 jerrycans contained about 32 litres of spirit. Those jerrycans were seized by PW5 under Ext.P1 Seizure Mahazar in the presence of witnesses and were numbered them 1 to 32. PW5 had drawn 180 ml. of spirit from each of the 32 jerrycans as samples and those sample bottles were also numbered 1 to 32 respectively. The sample bottles as well as the jerrycans containing spirit were sealed. Thereafter, PW5 and his party returned to Kottarakkara Police Station with the first accused, contraband including samples and the records.