JUDGMENT

Dated this the 19th day of March 2020 The appellants are A1 and A2 in Sc No.785 of 2006 on the file of the Additional Sessions Court (Adhoc II) Thalassery convicted for offence punishable under Section 8(2) of the Abkari Act. Each of them was sentenced to undergo simple imprisonment for four years and to pay fine of Rs.1,00,000/- and consequential default sentence for another one year.

2. These appellants were charge-sheeted by Sub Inspector of Police, Itritty on the allegation that they jointly transported Karnataka made arrack in 250 packets of 100 ml each in an autorickshaw bearing registration No.KL 13 H 6121 on 12.08.2005 at 3.35 p.m along Iritty-Koottupuzha road in Vilamana in Kunnoth desom and committed offence punishable under Section 8(2) of the Abkari Act.

3. The prosecution case is PW1, the Circle Inspector of Iritty and subordinate officers on receipt of secret information that Karnataka made arrack was being transported through Iritty-

Koottupuzha road, came to the place on 12.08.2005 at 3.35 p.m and intercepted the aforementioned autorickshaw driven by one of the appellants with the other appellant seated as passenger and on checking the vehicle, it was found that 250 packets of arrack were kept in the platform down the back seat. Four among the packets were opened and the contents tested and thereafter 200 ml of sample was collected in two bottles of 375 ml each. PW1 claims thereafter to have sealed and labelled the sample bottles in accordance with law, in the presence of independent witnesses. The appellants were arrested at 4 p.m on the day. Exts.P2 and P3 arrest records were also prepared on the spot. Evidencing seizure and arrest, Ext.P1 seizure mahazar was prepared. Later, the material objects were taken to the station house office where he himself registered Ext.P4 FIR and caused the articles and appellants to be produced before the Judicial First Class Magistrate, Mattannur.

4. He himself prepared and submitted Ext.P5 property list incorporating sample bottles. The investigation of the case was taken over by PW5, S.I of Karikkottakarayil and he prepared Ext.P6 scene mahazar attested by PW4 and questioned all the prosecution witnesses also. PW7, who later, succeeded him submitted Ext.P7 forwarding note seeking to send the sample bottles for chemical analysis.

5. PW6, S.I of police later, completed investigation and submitted final report before the committal court from where the case was made over to the Court of Sessions Thalassery. After the case having been seized by the Additional Session Court (Adhoc II), Thalassery on the same being made over, charge was framed against the appellants for offence punishable under Section 8(2) of the Abkari Act, which they denied when it was read over and explained.

6. Prosecution examined PWs 1 to 7 and marked Exts.P1 to P5. At the end of the prosecution evidence, the appellants submitted, while questioned under Section 313 Cr.P.C, that they were not involved in the crime at all and have no connection either with the vehicle seized or the packets of arrack. No evidence was, however, adduced by them despite being called upon to enter on defence.

7. The court below after evaluating the testimonies given by PW1, S.I of Police and subordinate official, PW2, Head Constable and also contemporaneous seizure mahazar and other prosecution records came to a conclusion that appellants carried Karnataka made contraband arrack in an autorickshaw on 18.12.2005 at 3.35 p.m and committed offence punishable under Section 8(2) of the Abkari Act. It was found that no material contradictions could be brought out in the testimonies of official witnesses and they were fully reliable to hold that seizure of arrack from the possession of the appellants was proved. According to the court below, there was no material delay in production of contraband article before the court. It was held that all procedural requirements under law relating to sealing and labeling were complied with and ther