P.A.HARIS Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in S.C. No.132 of 2005 on the files of the Additional Sessions Court (Adhoc-II, Kasaragod is the appellant herein. He was convicted for the offence punishable under Section 55(a) of the Abkari Act ('the Act') and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.1,00,000/- with a default sentence of rigorous imprisonment for another period of one year.

(2.) The gist of the Prosecution allegation is that on 17.10.2001 at 7.00 a.m., the appellant was found transporting 4,000 small packets of arrack kept in 8 gunny bags in a car bearing registration No.KL/14/A-9377 through Cherkala Bandadukka State Highway to the west of the house of one Gangadharan. The Prosecution case is that PW1, the detecting Excise Inspector,Kasaragod Range and the patrol party consisting of PW7 Preventive Officer of the same Range and others came across the car driven by the appellant and after interception of the vehicle and the inspection thereof it was revealed that 4,000 packets of arrack of 100 ml.each were kept in 8 gunny bags in the back seat of the vehicle. One of the gunny bags was opened in the presence of independent witnesses and it was found to contain 500 small packets of 100 ml.each. On conducting smell and taste test, it appeared to the detecting officer that the small packets contained arrack. After opening three small packets, 290 ml.of liquor was collected in a 375 ml. of bottle. It is alleged that the bottle was sealed using the personal seal of PW1 and labelled in accordance with the law in the presence of independent witnesses. The gunny bag containing the remaining plastic covers out of 500 was sealed and labelled along with other 7 gunny bags. The appellant was arrested at the spot by PW1. The material objects and sample bottle were taken into his custody and evidencing the search seizure and arrest, Ext.P1 seizure mahazar and Ext.P2 arrest memo were prepared. He himself registered Ext.P3 occurrence report and submitted Ext.P4 property list before the Committal court. The investigation of the case was later taken over by PW5, the C.I.of Excise,Kasaragod Range and PW6, the Excise Inspector who succeeded him, laid final report before the Committal Court.

(3.) The case was committed to the Court of Session, Kasaragod from where it came to be made over to the Additional Sessions Court (Adhoc-II), Kasaragod where charge framed against the appellant for offence punishable under Section 55(a) of the Abkari Act, was denied when it was read over and explained.