JOSEPH @ JOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant was convicted by the Additional Sessions Court, Thodupuzha, for the offences under Sections 55(a) and 8(1) and (2) of the Abkari Act. He 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 six months for the offence under Section 55(a) of the Abkari Act. No separate sentence was awarded for the offence under Section 8(1) and (2) of the Abkari Act. 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 respondent.

(3.) The prosecution case is briefly stated as follows: PW4, the Sub Inspector of Police, Nedumkandam Police Station, and his party were on patrol at about 7.30 p.m. on 15 -07 -2001. While so, PW4 received reliable information that the appellant was selling arrack. Therefore, the police party reached Combamukku when the appellant was seen carrying a 5 litre black jerrycan and a glass tumbler in his hands. On examining the jerrycan, about 4 litres of arrack was found in it. Since the appellant has committed an offence under the Abkari Act, he was arrested then and there by PW4 after preparing Ext.P4 Arrest Memo. PW4 has drawn two samples of arrack in two 180 ml. bottles from the bulk contained in the jerrycan. The sample bottles were sealed. The jerrycan containing the arrack was also sealed. The jerrycan, samples and the glass tumbler were seized by PW4 under Ext.P1 Seizure Mahazar in the presence of witnesses. Thereafter, PW4 and his party reached Nedumkandam Police Station with the appellant, properties and the records and registered Crime No.182 of 2001 of that Police Station in respect of the occurrence. Ext.P5 is the F.I.R. thus drawn by PW4. The appellant, properties and the records were produced before the Judicial First Class Magistrate's Court, Nedumkandam. Ext.P6 is the List of Property and Ext.P7 is a copy of the Forwarding Note. Ext.P8 is the Certificate of Chemical Analysis issued from the Chemical Examiner's Laboratory, Ernakulam. The investigation of the case was conducted by PW4. He has questioned the witnesses and recorded their statements. He has completed the investigation and submitted the Final Report before the court.