MOHANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the accused in S.C.No.550/2005 on the file of Additional Sessions Court (Ad hoc)- II, Thodupuzha. He challenges the order of conviction and sentence of him for the offence punishable under Section 8(2) of the Abkari Act (for short, 'the Act' only). He was sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs.1 lakh with default sentence of another rigorous imprisonment for 3 months.

(2.) The case against the appellant was charge sheeted by PW6-the Excise Inspector, Udumbanchola, in Crime No.61/2002 before JFCM-Adimali, from where the case was committed to Court of Sessions, Thodupuzha.

(3.) The prosecution allegation is that on 3.8.2002 at 1.30 p.m., the Excise party consisting of PW1-Preventive Officer attached to Excise Range Office, Udumbanchola, and others came to the furniture work shop conducted by the appellant in Door No.IX/695 of Panchayat Shopping complex in Konnathady grama panchayat, on getting secret information that he was possessing arrack in the shop room. On search of the premises, M.O.1 plastic bottle of 1- 1/2 litres containing arrack was seized from beneath the wooden pieces hoarded at the south-western corner of the shop room. After conducting smell and taste test, PW1, the Detecting Officer and others were satisfied that M.O.1 contained full of yellow coloured arrack. The appellant was immediately arrested and Ext.P3 seizure mahazar was prepared simultaneously evidencing seizure of bottle and contraband liquor. 200 ml. of sample was taken in 375 ml. of bottle and it was sealed and labelled along with M.O.1 plastic bottle, in accordance with the usual practice, in the presence of independent witnesses. Later, the accused and material objects were taken to the Excise Range Office the same day and thereafter, PW5-the Excise Inspector registered Ext.P5 crime and occurrence report. The accused was afterwards produced before the Court. Ext.P6 property list and the material objects are also stated to have been produced before the court the same day. PW5 conducted an investigation and applied to the court for sending the sample for chemical analysis. PW6-the Excise Inspector thereafter verified the investigation and submitted final report before the committal court.