(1.) The appellants in these two appeals are A1 to A3 convicted in S.C.No.322/2001 for offences punishable under Sections 55(a) and (g) of the Abkari Act, 1077 (for short, 'the Act' only) and sentenced to simple imprisonment for one year and fine of Rs.1 lakh each, with default sentence of six months each. The sentences were directed to run concurrently.
(2.) The case against the appellants was charge sheeted before the JFCM-II, Hosdurg, by the Station House Officer of Chittarikkal Police Station for the offences punishable under Sections 55(a) and (g) of the Act. The prosecution case is that on 17.4.2000 at 00.30 hours, the patrol party consisting of PW1-Police Constable and PW7-Sub Inspector of Police attached to Chittarikkal Police Station found the appellants being involved in manufacturing illicit arrack in the residential house of the 1st accused. They were also found in possession of 30 ltrs. of wash, 3 ltrs. of arrack and other implements necessary for manufacturing contraband liquor. It is stated that PW7-the Detecting Officer seized the material objects and arrested the appellants at the spot itself. It is further stated that sufficient number of samples of arrack and wash were taken and they were duly labelled and sealed. The arrestees and material objects were produced before the court. After completing the investigation, final report was submitted before the Committal Court from where the case finally came for trial before the Court of Sessions, Kasaragod.
(3.) When the case was made over to Additional Sessions Judge (Ad hoc-II), Kasaragod, and charge was framed against the appellants for the offences punishable under Sections 55(a) and (g) of the Act, they pleaded not guilty. The prosecution thereupon examined PWs.1 to 7 and admitted Exts.P1 to P5 and M.Os.1 to 6 in evidence. The appellants set up a defence under Section 313 of Cr.P.C. that they were falsely implicated and the material objects were not seized from their possession. No defence evidence was adduced at the instance of the appellants.