SREEDHARAN K Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellants are accused 1 and 2 in Sessions Case No. 1030 of 2001 before Additional Sessions Judge for trial of Abkari Cases, Neyyattinkara, convicted of offence punishable under Section 58 of the Abkari Act and sentenced to undergo rigorous imprisonment for seven years each and fine of Rs.1 lakh with default sentence of one year each. The appellants were charge sheeted before the committal court by Circle Inspector of Police, Parassala for offence punishable under Section 58 of the Act.

(2.) The prosecution case is that PW4 CI of Police Parassala, along with his team consisting of PW3, the Police Constable and others on getting early information that the 2 nd accused licensee of T.S No.1 of Amaravila Excise Range, is selling toddy mixed with coloured spirit came to the shop at 11.15 A.M on 1.4.1999 situated in PPM Junction, Kaliyikkavila and found 1st accused alleged to be the salesman of the shop to be present inside the shop holding a glass tumbler in his hands containing illicit liquor. These official witnesses inspected the liquor contained in MO1 Samovar having capacity of 50 litres and found 47 litres of spirit mixed with liquid inside it. On smell and taste in the presence of independent witnesses they were satisfied that the liquor contained coloured spirit. Thereupon, three samples of 180ml each were taken in the presence of independent witnesses examined as Pws 1 and 2 and the sample bottles as well as MO1 samovar was sealed and labelled in accordance with the usual practice. The 1 st accused was arrested on the spot. Since 2 nd accused was not available at the spot, he was arrested at a later point of time. PW4 himself registered the case against appellants for offence punishable under Section 58 of the Act and after completing investigation, final report was also filed by him before the committal court.

(3.) The case after being made over to the Court of Additional Sessions Judge trial of Abkari Cases, Neyyattinkara, charge was framed against appellants for offence punishable under Section 58 of the Abkari Act to which they pleaded not guilty. The prosecution thereupon examined Pws 1 to 5 and marked Exts P1 to P8 and MO1 in evidence. When accused were questioned under Section 313 of Cr.P.C, 1st accused denied that he was the salesman of the shop. The 2 nd accused pleaded that he was falsely implicated in the crime. On the side of the Appellants the 1st accused got itself examined as DW1 and he examined a close neighbour of his as DW2.