KUNJUMON Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant was convicted by the Additional Sessions Court (Ad hoc) -II, Thodupuzha, for the offences under Sections 55(a) and 8(2) of the Abkari Act. He was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rupees one lakh and, in default of payment of fine, to undergo rigorous imprisonment for three months for the offence under Section 8(2) of the Abkari Act. No separate sentence was passed for the offence under Section 55(a) 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: PW5, the Sub Inspector of Police, Nedumkandam Police Station, and his party were on patrol at about 5.30 p.m. on 21.4.2002. When they reached Mavadivilakku, they received information that arrack was kept in the house of the appellant at Swarnakuzhy. After sending the search memo to the court, the police party reached that house and searched the same. The appellant was present there. During the search, a 10 litre black jerrycan containing some liquid was found beneath a cot in the northern bed room of that house. On examining the jerrycan, about 3.5 litres of arrack was found in it. Since the appellant has committed an offence under the Abkari Act, he was arrested by PW5 then and there. PW5 has drawn two samples of 300 ml. each of arrack in two 375 ml. bottles from the bulk contained in the jerrycan. The sample bottles were sealed and marked as S1 and S2. The jerrycan containing rest of the arrack was also sealed. The samples as well as the jerrycan containing arrack were seized by PW5 under Ext.P1 Search List in the presence of witnesses. Thereafter, PW5 and his party reached Nedumkandam Police Station with the appellant, properties and the records and registered Crime No.105 of 2002 of that Police Station in respect of the occurrence Ext.P4 is the F.I.R. thus drawn by PW5. The appellant, properties and the records were produced before the Judicial First Class Magistrate's Court, Nedumkandam. PW5 conducted the investigation of the case. He has questioned the witnesses and recorded their statements. He has completed the investigation and submitted the Final Report before the court.