MURALI S/O DAMODARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the accused in the case S.C.No.542/2004 on the file of the Court of Session, Alappuzha. The appeal is filed assailing the conviction entered and sentence passed against him under Sections 55(i) and 8(1) read with 8(2) of the Abkari Act, 1077.

(2.) The prosecution case is as follows: On 06.12.2002, at about 11.45 hours, when PW5 Circle Inspector and the police party with him reached the place Ramapuram, near the PIP canal there, they saw the appellant selling arrack to another person. On seeing the police party, the appellant as well as the person who purchased arrack from him ran away from the spot and tried to escape. The police party chased the appellant and apprehended him. He was carrying a bottle containing arrack. PW5 found another bottle at the place where the appellant was standing and it also contained arrack. PW5 took samples of liquid from each bottle and sealed and affixed label on them and seized the articles as per Ext.P1 mahazar. PW5 arrested the appellant from the spot. He reached Kareelakulangara police station and entrusted the seized articles and the appellant there.

(3.) The appellant pleaded not guilty to the charge framed by the trial court under Sections 55(a), 55(i) and 8(1) read with 8(2) of the Abkari Act. Thereupon, the prosecution examined PW1 to PW6 and marked Exts.P1 to P6 and MO1 to MO4. DW1 was examined on the side of the appellant/accused.