JUDGMENT

These appeals are directed against the judgment dated 19.03.2008 in S.C.No.436/2006 on the file of the Additional Sessions Judge, Fast Track Court-III (Adhoc), Manjeri which arose from Crime No.167 of 2005 of Valancheri Police Station. The appellants in Crl.A.No. 753/2008 are accused Nos.1 to 3 and the appellant in Crl.A.No.764/2008 is accused No.4.

2. By the impugned judgment, the appellants were convicted for the offence punishable under Section 8(2) of the Abkari Act. They were sentenced to undergo rigorous imprisonment for a period of two years each and pay a fine of Rs.1,00,000/- each under Section 8(2) of the Abkari Act.

3. The prosecution case is that on 13.06.2005 at

10.50 a.m the appellants/accused 1 to 4 were found transporting 15 litres of illicit arrack in three cans kept in a bag in an auto rickshaw bearing registration No. KL-10 B/3662 through Chembra-Valanchery road.

4. After completing the investigation, final report was submitted against the accused for the offence punishable under Section 8(2) of the Abkari Act before the Judicial First Class Magistrate Court, Tirur. The case was committed to the Sessions Court, Manjeri from where it was made over to the trial Court. On the appearance of the accused charge was framed against them for the offence punishable under Section 8 (2) of the Abkari Act. The accused pleaded not guilty to the charge and therefore, they came to be tried by the trial Court for the aforesaid offence.

5. The prosecution examined PWs 1 to 7 and proved Exts.P1 to P12 and Mos 1 to 4.

6. After the closure of the evidence on behalf of the prosecution, the statements of the accused under Section 313 Cr.P.C. were recorded. They pleaded innocence. The trial Court heard the matter under Section 232 Cr.P.C. and found evidence against the accused and hence they were called upon to enter on their defence and adduce evidence, if any, they may have in support thereof. The trial Court, after hearing the arguments addressed on both sides, found the accused guilty of the offence under Section 8(2) of the Abkari Act and they were convicted thereunder. The accused were sentenced to undergo rigorous imprisonment for a period of two years each and pay a fine of Rs.1,00,000/- each under Section 8(2) of the Abkari Act .

7. Heard Sri. P. Vijaya Bhanu, the learned Senior Counsel appearing for the appellants/accused and Smt.Rekha.S, the learned Senior Public Prosecutor appearing for the State.

8. The learned counsel for the appellants/accused challenged the impugned judgment on the following grounds.

a. The prosecution has not succeeded to establish that the contraband substance allegedly seized from the place of occurrence eventually reached the Chemical Examiner's laboratory.

b. The prosecution failed to establish the arrest of the accused creating doubt about the genesis of the prosecution case.

9. The learned Senior Counsel for the appellants relied on the following circumstances to substantiate his contentions.

I) The nature and description of the seal stated to have been affixed on the bottles containing the sample had not been narrated in the seizure mahazar.

II) PW7, the detecting officer has not given evidence as to the nature and description of the seal affixed on the sample.

III) The specimen seal had not been produced before the Court and forwarded to the Chemical Examiner's laboratory.

IV) The presence of the Crime number in the arrest memo creates doubts about the genesis of the prosecution case.

10. The crime was detected by the Sub Inspector of Police, Valanchery (PW7) on 13.06.2005. PW7, on getting information that illicit arrack was being transported in an autorickshaw bearing registration No.KL-10 B/3662, proceeded to the place of occurrence and intercepted the autorickshaw involved. On inspection, PW7 found 15 litres of illicit arrack in three cans in the autorickshaw. Accused No.4 was the driver of the vehicle. The other accused were sitting on the back seat. PW7 arrested all the accused and recovered