MARIA KASTHOORI Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is filed by the 2nd accused in S.C. No. 305 of 2008 on the files of the Additional Sessions Court (Adhoc)-II, Thodupuzha, convicted and sentenced for the offence punishable under Section 8(2) of the Abkari Act (for short 'the Act'). She was sentenced to undergo Simple Imprisonment for two years and to pay a fine of Rs.1,00,000/- with default sentence of another Simple Imprisonment for three years. The 1 st accused in S.C. No. 305 of 2008 tried along with the 2 nd accused was, however, acquitted by the sessions court as per the impugned order.

(2.) She was charge-sheeted along with her husband, 1 st accused, by the Sub Inspector of Police, Munar on the allegation that both of them were found to be in possession of 2 1/2 litres of arrack concealed in MO1 steel vessel in their residential house in K.K.Division Ellapetty Estate in KDH Village on 27.10.2007 at 6.25 p.m. and selling arrack to a customer and both of them committed offence punishable under Section 8(2) of the Act.

(3.) PW3 who detected the offence is said to have received a secret information and proceeded to the place of occurrence along with his party men and before reaching the place of occurrence, he prepared a search memo and after forwarding the same to court, conducted search of the house of the accused. It is stated that when the police party came to the house, the 1 st accused was found in possession of MO1 steel vessel containing arrack held in his hands and his wife, the appellant herein, holding a glass tumbler and selling the same to a customer examined as PW1. Seeing the police party, the 1 st accused fled away from the place and he could not be apprehended though he was chased. The 2nd accused/appellant herein was intercepted and after PW3 conducting smell and taste test of contents in steel vessel and being convinced that the liquor was arrack, apprehended the appellant at 6.30 p.m. Immediately thereafter, the sample of arrack was collected in 180 ml. of bottle and it was sealed and labelled in accordance with law. The rest of the arrack found in the steel vessel was collected in three other bottles and they too were sealed and labelled by PW3 in accordance with law. Evidencing search, seizure and arrest in compliance with alleged legal formalities, Ext.P1 search list was prepared at the spot signed by one of the members of the party and an independent witness. The material objects and the arrestee were brought to the station house immediately and Ext.P5 FIR was registered against the appellant and her husband. It is stated that the next day, the material objects and appellant were produced before the committal court and investigation was also conducted by PW3. He submitted to court Ext.P7 forwarding note containing his personal seal and sought 180 ml. of sample to be forwarded to a chemical laboratory for obtaining test result after analysis. He himself prepared the final report and laid the same before the committal court.