MALATHY AMPADIYIL VEEDU Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) The appellant herein challenges the conviction and sentence against him under Sec. 8(2) of the Kerala Abkari Act (for short "the Act") in S.C. No. 294 of 2004 of the Court of Session, Pathanamthitta. She faced trial before the learned Assistant Sessions Judge, Pathanamthitta, on the allegation that at about 12.15 p.m. on 18.07.2001, she was found possessing 5 litres of arrack in an aluminium pot of 10 litres capacity, and another quantity about 750ml of arrack in a bottle of one litre capacity at her house when the police party led by the Circle Inspector of Police, Pandalam, conducted a search at the house on the basis of secret reliable information. The offence was detected by the Circle Inspector of Police, Pandalam, and on the basis of the arrest and seizure made by him, he registered the crime. The Sub Inspector, Pandalam, took over investigation, and he submitted final report in court.

(2.) The accused appeared before the learned trial Judge, and pleaded not guilty to the charge framed against her under Sec. 8(2) of the Act. The prosecution examined six witnesses, and proved Exts.P1 to P8 documents in the trial court. The MO1 to MO4 properties were also identified during trial.

(3.) The accused denied the incriminating circumstances when examined under Sec. 313 Crimial P.C., 1973 and projected a defence that this is a false case foisted at the instance of a Police Constable, who is on inimical terms with her. In defence, she examined a witness as DW1 to prove her case that no search was in fact conducted by the police at her house, and that she was in fact taken into custody by the police at the Pandalam market.