MATHACHAN, S/O. MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant was convicted by the Additional Sessions Court (Ad hoc) -I, Ernakulam, for the offence under Section 58 of the Abkari Act. He was sentenced to undergo rigorous imprisonment for six months and to pay a fine of 1 lakh and, in default of payment of fine, to undergo simple imprisonment for six months. 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: CW1, the Circle Inspector of Excise, Excise Circle Office, Aluva, and his party were on patrol at Chully in Ayyampuzha Village at about 3.00 p.m. on 26 -12 -2002. While so, the appellant was seen coming from the opposite side carrying a 5 litre black jerrycan. Seeing the excise party, the appellant attempted to flee away leaving the jerrycan. Soon the excise party reached him and stopped him there. On examining the jerrycan, one litre arrack was found in it. Since the appellant had committed an offence under the Abkari Act, he was arrested by CW1 preparing Ext.P2 Arrest Memo. Ext.P3 is the Intimation of Arrest. CW1 had drawn 180 ml. of arrack as sample in a 180 ml. bottle from the bulk contained in the jerrycan and sealed that bottle. The sample and the bulk of arrack contained in the jerrycan were seized by CW1 under Ext.P1 Seizure Mahazar in the presence of witnesses. Thereafter, the appellant, contraband and the records were handed over to PW4, the Excise Preventive Officer, Excise Range Office, Kalady. PW4 registered Crime No.90 of 2002 of that Range Office in respect of the occurrence. Ext.P6 is the Crime and Occurrence Report thus prepared by PW4. He had produced the appellant before the Judicial First Class Magistrate's Court, Perumbavoor, along with the Remand Report. The properties were produced by PW5, the Excise Inspector, Excise Range Office, Kalady, before that court. Ext.P7 is the List of Property and Ext.P8 is the Forwarding Note. Ext.P9 is the Certificate of Chemical Analysis issued from the Chemical Examiner's Laboratory, Ernakulam. Ext.P10 is the Site Plan showing the place of occurrence issued by PW6, the Village Officer, Ayyampuzha. The investigation of the case was taken over by PW7, the Circle Inspector of Excise, Excise Circle Office, North Paravur. He had questioned the witnesses and recorded their statements. He had completed the investigation and submitted the Final Report before the court.