IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN

WEDNESDAY, THE 25TH DAY OF NOVEMBER 2015/4TH AGRAHAYANA,

1937

CRL.A.No. 132 of 2006 ( )

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AGAINST THE JUDGMENT IN SC 644/2004 of ADDL.SESSIONS COURT

(ADHOC)-II, THODUPUZHA.

APPELLANT(S)/ACCUSED NOS.2 & 3:

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1. MANI, S/O. JOSEPH, KANAYAKAYIL HOUSE,

KALKOONTHAL VILLAGE, ERATTAYAR KARA.

2. ROSILY, W/O. MANI,

KANAYAKAYIL HOUSE, KALKOONTHAL VILLAGE,

ERATTAYAR KARA.

BY ADVS.SRI.C.M.TOMY

SRI.MATHEW SKARIA

RESPONDENT(S)/COMPLAINANT:

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STATE OF KERALA, REPRESENTED BY

PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SMT. LILLY LESLIE.

THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON

25-11-2015, THE COURT ON THE SAME DAY DELIVERED THE

FOLLOWING:

P. BHAVADASAN, J.

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Crl.Appeal. No. 132 of 2006

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Dated this the 25^th day of November 2015.

JUDGMENT

Three persons were sought to be prosecuted for the

offence under Section 8(1) and (2) and 55(a) and (b) of the

Abkari Act. Among them, the first accused absconded and the

second and third accused stood trial. They were found guilty

of all the offences and they were convicted and sentenced to

undergo rigorous imprisonment for two years each and to pay

fine of Rs.1,00,000/- each, in default, to undergo rigorous

imprisonment for six months each.

2. The incident in this case occurred on

13.11.1999. On that day P.W.7, the then Circle Inspector of

Kattappana Police Station, received information that illicit

distillation was going on near Irattayar and he set out for an

enquiry about the same. He reached a shed which is owned

and possessed by accused Nos. 2 and 3. He found illicit

Crl.Appeal.132/2006.

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distillation being carried on there. Accused Nos. 2 and 3 and

another person were present there. Accused Nos. 2 and 3 ran

away. P.W.7 found several materials used for distillation in the

place of occurrence. The first accused was found in the shed

and he was arrested. P.W.7 identified the contents as arrack

and wash. He claims to have taken sample of both the items.

He took 180 ml arrack as sample and also took 375 ml wash

as sample. Search list prepared for the said purpose is Ext.P1.

He also seized all the articles used for illicit distillation. P.W.7

says that he had sealed and labelled the samples as well as

the articles seized from the place of occurrence. He has done

a good portion of the investigation, recorded statements of

witnesses and prepared property list which is Ext.P6. He says

that from the date of detection till the articles were produced

before court, they were in his custody. Subsequent

investigation was conducted by the successor in office of

P.W.7. He obtained chemical analysis report, namely, Ext.P4

and laid charge before court.

Crl.Appeal.132/2006.

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3. The court, before which final report was laid,

took cognizance of the offences and on finding that the

offences were exclusively triable by a court of sessions,

committed the case to Sessions Court, Thodupuza. That court

made over the case to Additional Sessions Court (Adhoc)-II,

Thodupuzha for trial and disposal. The latter court, on receipt

of records and on appearance of the accused, framed charge

for the offences punishable under Sections 8(1) and (2) and

Sections 55(a) and (b) of the Abkari Act. To the charge, the

accused pleaded not guilty and claimed to the tried. The

prosecution therefore had P.Ws. 1 to 7 examined and had

Exts. P1 to P7(a) marked. M.Os. 1 to 7 were got identified and

marked. After the close of the prosecution evidence, the

accused were questioned under Section 313 Cr.P.C. wherein

they denied all the incriminating circumstances brought out in

evidence agains