RAMACHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused in S.C. No.610 of 2001 before the Additional District and Sessions Court, Fast Track-I, Thiruvananthapuram, challenges conviction and sentence of him under Section 55(a) of the Abkari Act, 1077(for short 'the Act'). He was sentenced to undergo Rigorous Imprisonment for 2- 1/2 years and to pay a fine of Rs.1,00,000/- with a default sentence of another Rigorous Imprisonment for six months.

(2.) He was charge-sheeted before the committal court by PW.3, C.I. of Police, Kazhakkoottam on the allegation that on 04.01.1998 at 5 p.m., he possessed arrack in MO1 plastic Can of 10 litres in a coconut grove in a place called 'Mundanchira' adjacent to the house of one 'Thahir'

(3.) The prosecution allegation is that on the basis of a secret information obtained by PW.5, Sub Inspector of Police, Kadinamkulam and his party men, they came to the place of occurrence and found the accused to be in possession of MO1 Can containing arrack and the contents in MO1 were inspected in the presence of the independent witnesses. After being satisfied that the Can contained arrack, the appellant was arrested on the spot at 5.15 p.m. and MO1 Can along with MO2 glass found on the ground were seized under Ext.P1 Seizure Mahazar. A sample of 375 ml. was collected in a separate bottle by the Detecting Officer, PW.5 himself and it was sealed and labelled in accordance with law. After the appellant and the contraband were brought to the Station House, Ext.P3 crime was registered by PW.5. He conducted investigation and questioned the accompanying Police Constable, PW.1 also. Part of the investigation was undertaken by PW.4. Later, the final report was laid by PW.3, Circle Inspector of Police, Kazhakkoottam.