CHELLI, S/O. SANKARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant was convicted by the Additional Sessions Court (Ad hoc) -III, Palakkad, for the offence under Section 8 (2) of the Abkari Act. He was sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs.1,00,000/ - (Rupees one lakh only) and, in default of payment of fine, to undergo rigorous imprisonment for six months. Challenging the conviction and sentence passed by the court below, the appellant has preferred this appeal.

(2.) Heard the learned counsel appearing for the appellant and the learned Public Prosecutor appearing for the respondent.

(3.) The prosecution case is briefly stated as follows: PW1, the Excise Inspector, Excise Range Office, Cherpulassery, and his party were on patrol at Azhiyannur in Pulappetta Village at about 7.30 p.m.on 5.10.1998. While so, the appellant was seen going, carrying a 2.5 litre black jerrycan. Entertaining a suspicion, the excise party fastly followed him and stopped him there. On examining the jerrycan carried by the appellant, 2 litres of arrack was found in it. Since the appellant had committed an offence under the Abkari Act, he was arrested by PW1 then and there preparing Ext.P1 Arrest Memo. The jerrycan containing arrack was seized by PW1 under Ext.P2 Seizure Mahazar in the presence of witnesses. PW1 had drawn 180 ml. of arrack as sample in a 180 ml. bottle for the purpose of subjecting the same to chemical analysis. The sample bottle and the jerrycan containing bulk of arrack were sealed and labelled. Thereafter, PW1 and his party reached the Excise Range Office, Cherpulassery, with the appellant and the contraband. PW1 registered Crime No. 32 of 1998 of that Range Office in respect of the occurrence. Ext.P3 is the Crime and Occurrence Report thus prepared by PW1. He had produced the appellant, contraband and the records before the Judicial First Class Magistrate's Court, Ottapalam. Ext.P4 is the List of Property and Ext.P5 is a copy of the Forwarding Note. Ext.P6 is the Location Sketch showing the place of occurrence. Ext.P7 is the Certificate of Chemical Analysis issued from the Chemical Examiner's Laboratory, Ernakulam. The investigation of the case was conducted by PW5, the Circle Inspector of Excise, Excise Circle Office, Ottapalam. He had questioned the witnesses and recorded their statements. He had completed the investigation and submitted the Final Report before the court.