SASIKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant was convicted by the Additional Sessions Court (Ad hoc) -II, Thrissur, for the offence under Sec. 8(2) of the Abkari Act. He was sentenced to undergo simple imprisonment for four years and to pay a fine of rupees one lakh and, in default of payment of fine, to undergo simple imprisonment for one year. Challenging the conviction and sentence so passed by the Court below, the appellant has preferred this appeal. Heard the learned counsel appearing for the appellant and the learned Public Prosecutor appearing for the respondent.

(2.) The prosecution case is briefly stated as follows: P.W. 1, the Sub Inspector of Police, Cheruthuruthy Police Station, and his party were inspecting vehicles at Pallam Estatepady in Arangottukara at about 11.15 a.m. on 29/03/2004. While so, seeing an autorickshaw bearing Reg. No. KL -8/J2118 driven by the appellant, the police party has given signal for stopping that vehicle. Accordingly, the appellant stopped the vehicle there. On examining inside the autorickshaw, M.O. 110 litre black jerrycan containing full of arrack was found behind the back seat of that autorickshaw. Therefore, the appellant was arrested by P.W. 1 at 11.25 a.m. preparing Ext. P1 Arrest Memo Ext. P2 is the Arrest Notice. P.W. 1 has drawn three samples of 375 ml. each in three bottles from the bulk of arrack contained in the jerrycan. M.O. 1 jerrycan containing arrack, samples, autorickshaw and the key found in the autorickshaw were seized by P.W. 1 under Ext. P3 Seizure Mahazar in the presence of witnesses. Thereafter, P.W. 1 and his party reached Cheruthuruthy Police Station with the appellant and the properties and P.W. 1 registered Crime No. 73 of 2004 of that Police Station in respect of the occurrence. Ext. P4(a) is the F.I.R. thus drawn by P.W. 1. He has prepared Ext. P5 List of Property for producing the properties before the Court. The appellant, properties and the records were produced before the Judicial First Class Magistrate's Court, Wadakkancherry. The investigation of the case has been conducted by P.W. 7, the Circle Inspector of Police, Chelakkara. He has gone to the place of occurrence and prepared Ext. P9 Scene Mahazar. He has questioned the witnesses and recorded their statements. Ext. P10 is the Scene Plan prepared by the Village Officer, Desamangalam, showing the place of occurrence. Ext. P12 is the Certificate of Chemical Analysis issued from the Chemical Examiner's Laboratory, Ernakulam. P.W. 8, the Sub Inspector of Police, Cheruthuruthy Police Station, has completed the investigation and submitted the Final Report before the Court.

(3.) The learned Magistrate committed the case to the Court of Session, Thrissur, and, from there, it was made over to the Additional Sessions Court (Ad hoc) -II, Thrissur. The Court below framed a charge against the appellant alleging the offence under Sec. 8(2) of the Abkari Act. He pleaded not guilty of the charge. The prosecution examined P.Ws. 1 to 8 and marked Exts. P1 to P12 and M.O. 1 on their side. The appellant was examined under Sec. 313 of Cr.P.C. He denied all the incriminating circumstances shown against him. The defence has not adduced any evidence. The Court below, after considering the matter, found the appellant guilty of the offence under Sec. 8(2) of the Abkari Act and convicted him thereunder. He was heard on the question of sentence and imposed the sentence on him.