B. ABDULLA Vs. STATION HOUSE OFFICER

JUDGEMENT

(1.) The question raised in this appeal while the counsel appearing for the appellant challenging the judgment of the Trial Court is that what will be criminal liability of a person who imports, transports or possesses foreign liquor in violation of the provisions of the Abkari Act or the Rules framed thereunder

(2.) The short facts of the case dealt by the Trial Court were that the appellant was found in transporting or rather in possession of 288 bottles of AJ Fenny, Indian made foreign liquor, on 13/04/1999 at about 1.25 p.m without having any authority, permit or license under the provisions of the Abkari Act and the Rules framed thereunder. PW 3 the Sub Inspector of Police, filed a charge against the appellant under S.55(a) of the Abkari Act (herein after referred to as the Act). To prove the charge against the appellant, prosecution though examined three witnesses, the evidence of PW 3 alone was accepted by the Trial Court. Prosecution also relied on Exts. P1 to P5. No material objects have been produced before the Court or marked on the side of the prosecution. On closing the prosecution evidence, the appellant was also questioned under S.313 of the Code. He denied the charge and had stated that the police arrested him from his business premises and the case was foisted against him due to the reason that he formulated a quarrel at the place of the incident. The Trial Court found the appellant guilty under S.55(a) of the Act and he was convicted thereunder and sentenced to undergo RI for three and a half years and to pay a fine of Rs.One lakh with default sentence of payment of fine, to undergo RI for a further period of three months.

(3.) Prosecution examined PWs 1 and 2 to support the evidence of PW 3 the Sub Inspector of Police. But, these witnesses turned hostile to the prosecution and had stated that they have not seen anything seized from the appellant. Prosecution case is that while PW 3 was on duty on the day of the incident, he got information that foreign liquor is being imported to the State from Karnataka in a vehicle. On getting that information, while PW 3 was waiting at a place called Seethamgoli within the limits of Kumbala Police Station noted that a Maruthi Car having Registration No. KA-04/7940 was coming along the public road and the car was stopped. Further, it was noted by PW 3 that the appellant was driving the car and at the back seat and dicky of the car contained six cardboard boxes each containing five boxes which contained AJ Fenny with the label sale in Karnataka only. According to this witness, each bottle contained 180 ml liquor and it was found verified as AJ Fenny, an Indian made foreign liquor. PW 3 also found that the appellant was not having any permit to import, transport or to possess the said bottles of foreign liquor. Hence, on preparing Ext. P2 seizure mahazar, PW 3 seized all the cardboard boxes each contained foreign liquor and the appellant was arrested. Subsequently, the appellant was produced before the Court after registering a crime against him. Further case of the prosecution is that, two bottles of Fenny seized from the appellant were got analysed and as per Ext. P5 chemical report, it was stated that the sample contained 35.22% ethyl alcohol by volume. On the above evidence, the Trial Court found the appellant guilty under S.55(a) of the Abkari Act.