RAJAMANI Vs. STATE OF KERALA

JUDGEMENT

(1.) THE appellant was convicted for offence punishable under S.55(a) of Abkari Act and he was sentenced to undergo rigorous imprisonment for seven years and to pay Rs.1,00,000/- as fine and in default he was sentenced to undergo simple imprisonment for one year. He was the 1st accused. The 2nd accused was acquitted by the Trial Court.

(2.) THE gist of the prosecution case is stated thus: The appellant was the driver of the lorry bearing no. KL - 5 A 8197 of which the 2nd accused was the cleaner. On 24/02/2000, at about 4.15 p.m., the lorry KL - 5 A 8197 was stopped by PW 3, the Sub Inspector, in front of Kasba Police Station, Palakkad. The lorry was driven by the appellant. A2, the cleaner was also in the cabin of the lorry. The lorry was then examined by PW 3 and PW 2, the head constable and other officials. On inspection PW 3, the Sub Inspector of Police and his officials could find 218 plastic cans of a capacity of 35 litres each, having been kept in the platform of the lorry and all those plastic cans contained spirit. Each can contained about 33 litres. Those plastic cans were kept in layers and were seen concealed by placing on those cans plywood sheets on the top of which 34 gunny bags filled with paddy husk were kept. By smell and taste PW 3 and others could ensure that the plastic cans contained spirit. PW 3, thereafter, took four samples each measuring 180 ml each, from each plastic can and all those samples (872 in number) were packed and sealed in the presence of the accused and the witnesses. The plastic cans containing the remaining spirit and other properties were seized. Both accused were arrested then and there for which Ext. P2 series, arrest memos were prepared on which the signatures of the accused were obtained. All the contraband articles including the samples mentioned above were seized by PW 3 as per Ext. P1 seizure mahazar, which was prepared at 6.30 pm.

(3.) PWS 1 to 4 were examined and Exts. P1 to P5 were marked. One set of sample bottles, 218 in number, were marked as MO 1 series.