SANTHOSH T. A. Vs. STATE OF KERALA

JUDGEMENT

(1.) On 19/08/2000 at about 6 p.m at the Azhiyoor check post the appellants were allegedly found transporting 500 litres of spirit in a car. They were tried for the offence under S.55(a) of the Abkari Act. The trial ended in their conviction. Each of them has been sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs.One lakh, and in default of payment of the fine to undergo simple imprisonment for a further period of three months. The legality and correctness of the order of conviction and the sentence are called into question.

(2.) Heard the learned counsel for the petitioner and the learned Public Prosecutor.

(3.) The incident that led to the registration of the case has been narrated by PW1 Divakaran and PW6 Gangadharan Nair, who were preventive officers attached to the Excise Office, Kozhikode during the relevant period: On 19/08/2000 at about 6 p.m they were on duty at the check post on the National Highway at Azhiyoor, when they checked the car bearing registration No. CTA 7487 which came from Mahi direction. The first appellant was the driver of the vehicle; the second appellant was sitting beside him. Two concealed tanks were noticed inside the vehicle; they contained 500 litres of spirit. The car and the spirit were taken into custody and 375 ml of spirit was taken as sample in a bottle. The remaining spirit was emptied into four containers. The containers and the sample bottle were sealed and labelled. The signatures of the appellants and witnesses were taken on the labels. PW1 also put his signature on the labels. He prepared Ext P1 mahazar and arrested the appellants and produced them along with the seized articles before PW3 Excise Inspector, who registered the case.