JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioners herein challenge the conviction and sentence under Sections 55(a), 55(b) and 55(g) of the Kerala Abkari Act (hereinafter referred to as "the Act") in S.C.No. 284 of 2001 of the Court of Session, Thodupuzha. They faced prosecution before the court below on the allegation that at about 3.30 p.m. on 11.05.1999, they were found distilling arrack at a place near the canal at Ramakkalmedu. The offence was detected by the Sub Inspector of Police, Ramakkalmedu, during his usual patrol duty. His case is that while he was on duty in connection with another crime, he got secret reliable information regarding distillation of arrack by the accused, and accordingly, he went to the spot. When he reached there, the police party saw the three accused involved in the process of distilling arrack. He arrested the three accused on the spot, and seized the articles including some quantity of arrack contained in a plastic jar, and also some utensils and equipments for distillation of arrack as per a mahazar. On the basis of the arrest and seizure, he registered the crime and occurrence report, and he made investigation also. Later, the Circle Inspector of the concerned circle verified the investigation, and submitted final report.

(2.) All the three accused appeared before the learned trial Judge, and pleaded not guilty to the charge framed against them. The prosecution examined 4 witnesses in the trial court, and proved Ext.s P1 to P5 documents. The MO1 to MO9 properties were also identified during trial.

(3.) The three accused denied the incriminating circumstances when examined under Section 313 Cr.P.C. In defence, they examined a witness as DW1 to disprove the prosecution case that they were arrested at the so called place of detection. The evidence given by DW1 is that the accused were in fact taken into custody by the Sub Inspector at the town, and he had seen the Sub Inspector arresting them.