Raveendran. K & Anr vs Excise Inspector, Vadakara & Anr

2. The stand of the accused persons was that the liquor in question was procured from the distillery Chittore Co-operative Sugar Mill (in short the `Chiccopse'). It was stated that earlier cases were instituted against Chiccopse and it was found that the role of Chiccopse in the supply of illicit liquor cannot be ruled out. Various documents were relied upon for this purpose. The courts below did not accept the stand and found the accused persons guilty and sentenced them as aforestated.

shall on conviction before a competent court, be punished for each such offence, with imprisonment for a term which may extend to five years, or with fine which may extend to fifty thousand rupees, or with both (The words "on conviction before a Magistrate, be punished for each such offence, [with imprisonment for a term which may extend to six months, or with fine which may extend to three thousand rupees, or with both." substituted by Act 16 of 1997, w.e.f. 3-6-1997).

(i) if, as a result of such act, grievous hurt is caused to any person, with imprisonment for a term which shall not be less than two years but which may extend to imprisonment for life, and with fine which may extend to fifty thousand rupees;

(ii) if, as a result of such act, death is caused to any person, with death or imprisonment for a term which shall not be less than three years but which may extend to imprisonment for life, and with fine which may extend to fifty thousand rupees;

(iii) in any other case, with imprisonment for a term which shall not be less than one year, but which may extend to ten years, and with fine which may extend to twenty-five thousand rupees.

(i) if as a result of such omission, grievous hurt is caused to any person, with imprisonment for a term which shall not be less than two years but which may extend to imprisonment for life, and with fine which may extend to fifty thousand rupees;

(ii) if as a result of such omission, death is caused to any person, with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for life, and with fine which may extend to fifty thousand rupees;

(iii) in any other case, with imprisonment for a term which shall not be less than one year but which may extend to ten years, and with fine which may extend to twenty-five thousand rupees.

(3) Whoever possesses any liquor or intoxicating drug in which any substance referred to in sub-section (1) is mixed, knowing that such substance is mixed with such liquor or intoxicating drug shall, on conviction, be punishable with imprisonment for a term which shall not be less than one year but which may extend to ten years, and with fine which may extend to twenty- five thousand rupees.

(a) the prosecution has been given an opportunity to oppose the application such release, and

(b) where the prosecution opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence.

(b) where a person is prosecuted for an offence under sub- section (3) for being in possession of any liquor or intoxicating drug in which any substance refers to in sub- section (1) is mixed, the burden of proving that he did not know that such substance was mixed with such liquor or intoxicating drug shall be on him.

6. In view of the factual position indicated above, the appeal so far as the appellant No. 1 in each case is concerned, stands dismissed, while 8 appeal stands abated so far as the appellant No. 2 i.e. the licensee in each case because of his death. The appellant No. 1 in each case who were released on bail pursuant to order dated 7.12.2001 shall surrender to custody forthwith to serve remainder of sentence.

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