DEVASSIA,S/O AVIRA Vs. STATEOF KERALA

JUDGEMENT

(1.) Appellant is the accused in SC No.108/2008 of the Additional Sessions Court/Special Court for NDPS Act Cases, Thodupuzha, who stands convicted under Section 8 (2) of the Abkari Act and sentenced to undergo rigorous imprisonment for six months and to pay a fine of 1 lakh, in default to undergo rigorous imprisonment for three months.

(2.) The prosecution case is that on 07.01.2006 at 8.10 p.m., the accused was found in possession of 750 ml. of arrack at Anakulam city on the road side of Anakulam first plot road in Mankulam village, in contravention of the provisions of the Abkari Act.

(3.) It was PW3 Circle Inspector of Police, Munnar, who detected the offence while he was on patrol duty with other police personnel. He seized the contraband through Ext.P1 mahazar. Two samples each of 180 ml. were drawn from the contraband. He placed the accused under arrest. On reaching the police station with the accused and properties, he registered Ext.P5 FIR on the basis of the suo motu report.