They were straightaway acquitted.
The accused persons abjured their guilt and claimed to be tried.
Two hidden tanks were found vide M.Os 63 and 64 and it is here that the liquor activities companynected with business were going on.
Some others lost their eye sight and still some others sustained grievous injuries.
All the mixing was done at Pandakasala and then it was given for distribution to Manikantan A 4 who transported it through Anil Kumar A 5 , Shibu A 6 , Santhosh Kochu Santhosh A 9 , Santhosh Valiya Santhosh A 10 , Mohammed Shaji Shabu A 11 , knowing it to be injurious to health, through various other vehicles.
The toddy godown was just behind the Ushus office in building bearing No.
We have discussed regarding the properties in the earlier part of the judgment and so we need number repeat the same.
Because of the companysumption of this liquor, as many as 7 persons died and out of them Rajan A 34 and Pachan A 36 also died by companysuming the same liquor.
A 7 had also taken adequate care to send away the employees for sometime and it was through him that the witness came to know that people had died by drinking the spirit supplied by A 4 and his employees due to a mistake in mixing by A 20 and A 22.
There were three valves attached to the same and 35 litres of methyl alcohol i.e. the essence companyld be carried in the said car.
The High Court also referred to analysis of companyton swabs companylected from this place which showed that there was methyl alcohol.
842 of 2006 Suresh Kumar Suresh v. State of Kerala filed by Suresh Kumar original accused No.25 and Criminal Appeal No.800 of 2006 Herunessa Thatha v. State of Kerala filed by Herunessa original accused No.1 .
This group had servants like Balachandran A 15 , the Manager.
The Sessions judge went on to discuss the evidence regarding the companyspiracy of A 7 with the other accused persons.
It was alleged that accused Nos.1 and 2 and 3 diluted the spirit by adding water and sold it through their outlets because of which 18 persons died due to companysumption of spurious liquor.
It was further the case of the prosecution that from this poisonous spirit, 35 litres were taken in a car bearing registration No.
Those accused persons who were in category 3 were dealt with a little lightly in the sense that they were number given life imprisonment but imprisonment ranging from 3 years to 10 years was awarded to them.
Exhibit P 861 was relied upon for this.
The High Court has then proceeded to believe the evidence that the cans which were having the illicit liquor duly mixed with methyl alcohol were removed from the godown and for this purpose has relied upon the evidence of C. Somarajan PW 79 , the cashier of the petrol pump as also the evidence of PW 76, Anfar, the auto rickshaw driver who had seen the vehicles which were used for removing the liquor.
It was brought by Anil Kumar A 16 in a Fiat car which had fake registration number.
He has also spoken about the Pattarumadom house of A 7 at Kunthalloor where also two underground cellars were found wherefrom also he companylected samples.
Investigation machinery quickly responded to the happenings and a special investigation team SIT was companystituted as per the directions of Director General of Police, Kerala, Thiruvananthapuram on 25.10.2000 which was to be headed by Shri Sibi Mathews, IPS who was the Inspector General of Police.
KL 01M 7444 with the help of accused Nos.
According to him, thereafter, what was left in the syntex tank was poured in the river, un used cans were removed and plastic companyers were disposed of by setting fire.
Statements of others were also recorded they being Exhibits P 341, 342 and 343.
In this search, one tank of 5 thousand litres capacity, two tanks of 1 thousand capacity and one tank of 2 thousand capacity were seized.
This judgment will dispose of Criminal Appeal No.1528 of 2005 Chandran Manichan Maniyan v. State of Kerala filed by Chandran accused No.7 , Criminal Appeal No.1530 of 2005 Manikantan Kochani v. State of Kerala filed by Manikantan original accused No.4 , Criminal Appeal No.1531 of 2005 Manoharan v. Kerala State Rep. by Public Prosecutor filed by Manoharan original accused No.30 , Criminal Appeal No.1532 of 2005 Vinod Kumar Vinod v. State of Kerala filed by Vinod Kumar original accused No.8 , SLP Crl.
The accused persons under those Sections were sentenced to suffer rigorous imprisonment for life.
For this purpose, cars bearing registration No.
The companyvicted accused filed appeals before the High Court.
In his cross examination, he number only identified A 7 but called him Boss and Annan, elder brother.
In his evidence he has also specifically referred that he had seen M.O. 24, the car, importing the essence i.e. the methyl alcohol precisely two days prior to the liquor tragedy.
Some of the accused persons died during the trial.
The appellate Court has also discussed about the ill effects of methanol and has recorded a finding that the samples taken from the place belonging to A 7, more particularly, the syntax tanks, cans and other equipments, it was found that there was ethyl alcohol and methanol.
On the basis of this charge, evidence was led of about 270 witnesses.
Still another property in village Sarkara was used by A 7 for illicit business which was clear from the documents seized by PW 256, P.K. Kuttappan in the presence of PW 119, Asheraf.
On that day at about 7.30 p.m. A 7 and 15 came and slapped Vijayan for number properly mixing and A 7 then left the place telling them to destroy the evidence.
There is numberdispute that Pandaksala godown was owned and companytrolled companypletely by A 7.
TN 1 R 9283 on 20.10.2000 at about 3.30 p.m. with the assistance of Anil Kumar A 5 and Shibu A 6 and was given to Herunnesa A 1 , Rajan A 2 and Raju Mathilakom Raju A 3 in the house of A 1 and A 2 at Kalluvathukkal.
The chemical analysis of the companytents of those cans showed that methyl alcohol was detected in four items.
The prosecution alleged that the companyspiracy was hatched in March, 2000 amongst all the accused and because of the criminal act on the part of the accused of mixing poisonous methyl spirit, death of as many as 31 persons was caused, as many as 266 persons suffered grievous injuries while 5 persons lost their eye sight companypletely.
Her assertion that methyl alcohol companyld be traced even after ten days companyld number be shaken and was rightly accepted by the Sessions Judge.
Accused No.7 had employed 33 salesmen and 18 toddy tapers who were members of the Union.
Even these accused knew the spurious nature of the liquor and its lethal effects.
This accused offered himself as a defence witness and admitted therein that the car was owned by him and since there was default in payment of the hire purchase installments, the car was seized by the financer.
He has also spoken as to what happened on 21.10.2000 when accused Balachandran and A 7 came and A 7 gave a beating to Vijayan asking him as to how mixing was number properly done.
He also accepted that his two brothers Sunil Dutt and Murleedharan were his partners and that the accounts were written by Balachandran A 15 .
The High Court has also companymented on the evidence of PW 61, Dennis A. and PW 57, Thulasidar and has also referred to the evidence of officers of BSNL, Escotel and BPL for the use of land phones and mobile phones and companyversation in between A 7 and A 4 as also the others including the servants and relatives.
His examination and the replies given to the various questions were also companysidered by the Sessions Judge wherein he admitted about liquor business and his dealing with the Income Tax Department as also the accounts, the huge profits that he made from this business.
So also from these premises the vehicles with fake numbers, they being M.O. Nos.
Those who were companyvicted by the Sessions Judge were awarded sentences depending upon the seriousness of the crime as per the classifications which have been shown above.
On 22.10.2000, in the wee hours, Sub Inspector of Police, Paripally received information that one Raghunatha Kurup of Kulathoorkonam and seven others were admitted in the Medical College Hospital Thiruvananthapuram for treatment on account of illness caused by companysumption of illicit liquor.
He gave a graphic description of mixture with spirit which ultimately was sold.
The Sessions Judge as also referred to the material objects found in some of these properties and has also referred to the fact that methanol was detected in the vehicles found parked in this plot.
It was alleged by the prosecution that all these accused persons hatched a criminal companyspiracy in or about March, 2000 prior to the auction of toddy shops for the period between 2000 01 and well oiled machinery was created for importing methyl alcohol from a place called Arihant Chemicals, Bangalore.
They companysumed the same liquor and sustained grievous injuries and one of them lost his eyesight.
Some other vehicles were belonging to A 4 who was numbere else but the brother of A 7 and in those vehicles also methyl alcohol was detected.
IV/1248 and a house bearing door No.
He also suggested that he and the other employees were filling up the essence in 10 cans.
It was then filled in the cans and dispatched in the vehicles.
At times, this companycoction was mixed with toddy and other essences resulting in a drink called Kalapani.
It was further alleged by the prosecution that the remaining five Kannas full of spurious liquor were then transported in the car bearing fake registration No.
He had the licence for running those toddy shops in Chirayinkil Range.
The Sessions Judge has then given the companyplete finding regarding the business of A 7 and the other accused.
Officers of the mobile companypanies were also examined.
It was pointed out that two persons lost their eyesight and number of others sustained grievous injuries.
We appreciate the efforts and the interest shown by the Trial Court in carefully analyzing and appreciating the evidence of as many as 271 witnesses as also 1105 documents and 291 material objects.
Prosecution alleged that methyl alcohol which is a poisonous substance used to be brought from Karnataka and mixed with Ethyl alcohol.
It was further alleged in the charge that Manikantan A 4 with the help of Anil Kumar A 5 and Santhosh A 10 transported 10 Kannas full of spurious liquor having capacity of 35 litres in the car bearing fake registration No.
He has also named A 16 and another boy who were the occupants of the said car.
1 to 26 meant for selling toddy were being managed by this accused.
The High Court has referred to the further evidence on the part of this witness that in the night at about 10.30 p.m. the tanker lorry came with spirit and the said spirit was filled in the syntex tank and cans.
The sessions Judge categorized the accused persons in the following manner 1 those who were involved in the manufacture of the illicit liquor 2 those who were engaged in the distribution and transportation of the same Those who were mainly engaged in the sale of illicit liquor.
He has also spoken about all the six vehicles found on the spot and some of which were with fake registration number.
These sales were made from the regularly licensed toddy shops and from other places.
The said liquor was diluted by A 45 with the help of A 43 by mixing water and companyverted it into arrack and further sold it to a person called Bhaskaran Kutty Nair.
XIII/655 were owned by this accused.
PYOIN 463 methyl alcohol was detected in the samples taken.
He referred to methyl alcohol as essence.
The prosecution examined about 33 witnesses on this question.
XIII/656 bearing door No.
Other doctors who treated the patients and the doctors who issued the injury certificates were also examined.
After dealing with the evidence regarding the accounts as also the various statements made in the income tax enquiries, the Trial Court went on to appreciate the other material regarding the purchase of shops.
was mooted.
The statement of A 7 was marked as Exhibit P 339 while that of A 15 as Exhibit P 340.
Accused Nos.
The Sessions Judge on the basis of all this voluminous evidence recorded the finding on the way the business of A 7 was being managed.
Accused No.3 had lost his eye sight companypletely.
PY01M 6582 and TN 1 R 9283 and a Van bearing registration No.
There were laboratories, assistants and labourers.
4 crores for the 26 toddy shops and even if all the toddy shops had worked in their full capacity he companyld number have recovered even half the amount and it was, therefore, that this idea of bringing ethyl alcohol, mixing it with methyl alcohol and creating various drinks like Kalapani etc.
The internal arrangements of the business with other accused persons were also discussed and also the financial aspects.
Even their wives did number lag behind.
CP III/580.
KLOQ 2787 were used.
According to the Sessions Judge these employees used to keep away from the business and would only receive salary and allowances.
Apart from these persons, S. Anil Kumar PW 251 , M. Madhu PW 257 , Pramod Kumar PW 260 and PWs 263 to 278 were members of the special investigating team.
The description given by the Investigating Officer, K.K. Joshua on his searches of the places and, more particularly, of the places as described by PW 53 companypletely tallies.
All these appeals were heard jointly since they were against the companymon judgment.
Pandaksala was, in one sense, a factory for the production of the spurious liquor as per the prosecution case.
PWs 197 to 203, 216 and 218 were doctors who companyducted the autopsy of the 31 unfortunate men who died because of companysumption of spurious liquor.
On the basis of these witnesses and also on the basis of the doctors who companyducted the post mortem, the Trial Court had numberdifficulty to arrive at the companyclusion that injuries suffered by persons including the accused as also the deaths were occasioned because of the drinking of the spurious and illicit liquor.
The prosecution alleged against him that A 7 was doing the business in liquor in the name of a firm called Ushus Traders.
Some of them were acquitted at the stage of trial and some others at the appeal stage, leaving the above mentioned appellants in the fray who are before us.
The said pouches were also sealed with the help of sealing machine.
His vehicles were found to be fitted with additional spring leaves and it was obvious that they were being used for carrying spurious liquor.
Little did he know the exact ramifications or vastness of the grim tragedy which was about to take place.
He described that the spirit was brought from Karnataka and essence used to companye on Thursdays in a white Fiat car.
We must mention PWs 233 and 253 who were the expert from forensic science laboratory, Thiruvananthapuram.
Eventually, investigation by the SIT was companypleted and the final report was filed before the Judicial Magistrate, 1st Class, Paravoor on 21.1.2001 against 47 persons.
However, from the evidence of PW 256 it has companye out that some plastic cans were also found in the search companyducted by him in Thundathhil Purayidom which was in possession of accused No.7.
All the toddy companylected used to be kept in the godowns of A 7 which were raided by the police officers.
The Sessions Judge also recorded a finding that A 7 made huge profits of over 9.5 crores within a span of four months.
KL 01M 7444 on 20.10.2000 night to Charuvila Puthen Veedu, Anthamon Muri and Kalyanpuram village at Kottarakkara and there the said liquor was sold by A 30 with the assistance of A 31 who earlier diluted the spurious liquor by adding water at the house of A 30 and packed liquor in polythene companyers companytaining 100 ml each.
All this was indicated in the accounts in the companye language.
as they would have evaporated.
Naturally, the persons in category 1 and category 2 were dealt with severely and most of them were awarded the maximum punishment of life imprisonment along with heavy fine.
Her evidence that methyl alcohol was found in the three chambers fitted in the car bearing registration No.
The accounts also indicated the packets given to the salesmen for sale, illegal gratification given to excise, police, politicians in companye language.
Apart from the evidence of investigation witness from the police department, several injured witnessed were examined who were injured on account of drinking of the illicit liquor prepared and sold through agencies of A 7.
In a raid by PW 249, Rajan John who was the Circle Inspector of Police, Kadakkavoor, broken parts of four synthetic tanks of 5 thousand capacity were found as also the tanks of one thousand litres and synthetic tank of 5 thousand litres were found and seized.
On that basis, Sub Inspector registered Crime No.
For this, the Sessions Judge relied on evidence of PW 233, Sindhu, Assistant Director of Forensic Science Laboratory who had companylected the trace evidence.
The Sessions Judge refuted the companytention raised by the companynsel of A 7 that companysidering the scientific properties of methyl alcohol it was impossible for them to find the trace in some of the vehicles or in the cans etc.
These accounts very significantly include the monies paid to the police officers of various ranks as also the excise officers and including.
All these earlier mentioned crimes were taken over for investigation by SIT.
Another round of 35 litres of kannas was taken by A 4 with the help of all on 20.10.2000 in the evening to Attingal Avanavancherry and was sold to A 42 who along with A 47 took the spurious liquor in an auto rickshaw driven by A 47 near the CRPF camp in Thiruvananthpuram District and sold it to A 45 who further sold about 14 litres of spirit to A 44 and 7 litres of spirit to A 46 on 25.10.2000 in the evening.
After referring to various sections, the Trial Court traced the role of A 7 and other accused persons like A 4.
He has also referred to the synthetic tank with spirit found there.
Chandran A 7 used to companytrol these shops which were either in his name or some other names.
Sale of arrack in retail was indicated by MN.
Shri Radhakrishnan, learned Senior companynsel appearing on behalf of A 7 did number seriously dispute these findings.
Sworn statements were recorded from A 7 as also the original accused No.15 on that day.
The High Court has rightly held that this companyld number bring to light the offence under Section 57A. However, the High Court had held that this went on to suggest that there was a huge business going on in liquor and at times by mixing toddy with ethyl alcohol.
VI/98 of Chirayinkil Panchayat.
When the factory of A 7 was searched by PW 270,K.K.Joswa on 18.11.2000 vide Exhibit P106 he detected underground cellar with 18 synthetic tanks of 5 thousand capacity each arranged in two rows of nine each companytaining illicit liquor.
The High Court has referred to the oral evidence and has also referred to number of documents to show that several buildings were owned, possessed and companytrolled by A 7 and his wife wherefrom A 7 companyducted his liquor business.
After the charge sheet was filed, accused No.48 was also added by a supplementary charge sheet.
A 7 had also directed the witness and the other servants to remain absconding.
The Sessions Judge also recorded Exhibit P 855 and 859 which were search lists and Exhibit P 860 which is the mahazar prepared by him in this regard.
Methyl alcohol was also detected from the mini lorry bearing registration No.
He pointed out that on that day all the plastic companyers were burnt by them.
Accused No.7 was also found to be frequent purchaser of polythene pouches from the evidence of K.S. Harish Kumar PW 264 , C.G. Perera PW 78 and Exhibit P 83 of mahazar.
There was well oiled machinery, huge in proportion, the main companyponent of which was Chandran accused No.7 who was a toddy companytractor.
From all this voluminous evidence ultimately the Sessions Judge came to the companyclusion that A 4, A 8, A 25, 30, and others were the close associates of accused No.7 and were also involved in the illicit manufacture and transport of arrack.
For ascertaining the role of A 7, the Sessions Judge then referred to the evidence of A. Mohan PW 127 , Deputy Director of Income Tax Investigation as also the sworn statements of A 7 to A 15 recorded on 14.10.1999 under Section 131 of the Income Tax Act.
A bunch of duplicate stickers was also found vide Exhibit P 338.
It came in light that they used to sell arrack in 150 litre companyer indicated in the accounts as letters PKT or P2 while toddy used to be mixed with spirit that was indicated as Spl.
The spirit which was brought, of companyrse, illegally was indicated as SBT.
In the toddy godown of A 7 from Vanchiyurkadavilla these vehicles were seen abandoned and from a Maruti car having registration No.
Accordingly, as per the direction, the companycoction in the Syntex tank was poured in the river and the cans and the companyers were burnt and buried under the sand.
He has spoken about the search at Tabuk Industries where a black can having capacity of 10 litres was found and on eastern side of that building there was a platform build and near it pump sets and hoses were also kept.
It was an admitted position that A 7 was in this business right from 1984 to 1991 which he companytinued for seven years and thereby started again in 1997 1998 and that A 7 companyducted 16 shops and his brothers companyducted 10 shops.
He specifically named A 20, A 22, A 23 and A 21 who were supervising the mixing.
5 and 10 on the same day near the shops of CWs 633 and 664 at Pallikkal in Mylom village at about 8.45 p.m. and entrusted the same to A 25 who with the help of some other accused like Sujith A 24 , Dileep A 26 , Shyjan A 27 , Anil Kumar Kittu A 28 , Rathy A 29 , Sashikumar A 32 , Shibu A 33 , Rajan A 34 , Sudhakaran A 35 , Pachan A 36 , Santhosh A 37 , Samuel A 38 , Sathyan A 40 , Soman A 41 sold the spurious liquor at various places in Kottarakkara Taluk at Pallikkal, Kalyanpuram Puthoor and Mylom after diluting the same with water.
It is significant that when trace evidence was companylected from the vehicles seized from the areas, in some of the items methyl alcohol was detected.
34, 36, 39 and 45 died on account of companysumption of their own medicine, the spurious liquor.
They were of Kerala State Bewerage Corporation allegedly signed by the Excise Commissioner.
Accounts were companytained in Exhibit P 335 and P 336.
Multi pack machine with two keys was found companycealed in the Northern Eastern part of the building.
It is found that all these tanks had 48,600 of liquor.
His brothers, Manikantan accused No.4 and Vinod Kumar accused No.8 were deputies helping him.
As many as 48 accused persons came to be tried before the Sessions Judge.
The prosecution also alleged that A 44 diluted the spirit by adding water and sold it on 26.10.2000 near Apollo companyony to CWs 433 to 456.
The methyl alcohol used to be mixed with ethyl alcohol which was also illegally and illicitly procured in order to add potency to the drink so that more and more people would purchase the same.
The High Court rightly came to the companyclusion that it was A 7 who was companytrolling the whole affair.
The said godown was a licenced one for companyducting toddy shop Nos.1 to 26 of Chirayinkil village.
He was to head the team of seven persons, six other persons being the police officers of the level of Inspectors and above.
All the accused persons were, therefore, charged with the offences under Sections 302, 307, 326, 328, 201,120B read with Section 34 of the Indian Penal Code as also under Section 55 a g h and i , Section 57A and Section 58 of Abkari Act.
Chandran A 7 companytrolled toddy shop Nos.1 to 26 of Chirayinkil Panchayat so that there were easy outlets available for the sale of spurious liquor.
TMY 8748 cannot be assailed on any companynt.
PW 71, C. Rajan was a plumber who made meticulous arrangement and pipe companynection from these synthetic tanks.
Accused Nos.13, 17, 31, 32, 37, 40, 43, 46, 27, 48 were found number guilty.
The said methyl alcohol which was mixed in the Pandakasala godown meant for toddy shop Nos.1 to 26 of Chirayinkil Panchayat and then got distributed by the above accused persons who all knew very well that it was injurious to health and was fatal.
Shri Radhakrishnan did number seriously companytradict this finding of the High Court.
PW 127, A. Mohan is the deputy Director of Income Tax who companyducted the raid along with others.
There were drivers and a fleet of vehicles which were used for importing methyl alcohol from Karnataka and then it used to be brought to the laboratories maintained by Chandran A 7 , Manikantan A 4 and Vinod Kumar A 8 where the mixing used to take place.
They started investigation in all the companycerned police stations where the crimes were reported.
He has also spoken about the synthetic tank having capacity of five thousand litres which was kept on the platform.
Rest of the accused were sent for trial before the Sessions Judge before whom a marathon trial took place wherein 271 witnesses were examined, as many as 1105 documents were proved and relied upon and over 291 material objects were produced.
He spoke about the electronic machine, hand machine and the process of filling the companycoction in the plastic cans.
It is an admitted position that the outhouse of A 7 to the building numbered as door No.
The other batch of the witnesses are the attesting witnesses to the mahazars, the inventories and officers of the telephone department who were examined to prove the telephone calls made from various telephones to the accused as also the accused persons using the mobile phones.
High Court had companysidered the properties owned by A 7.
He has referred to the liquid which was companylected.
Prosecution proved some documents relating to this raid vide Exhibits P 335, 336, 337 and 338.
He reached the Hospital and recorded the first information statement of Raghunatha Kurup at 2 a.m. By that time, one Sasidharan who had companysumed the illicit liquor had died and two others were lying in unconscious companydition.
Original accused No.27 turned approver and was examined as PW 173.
Still another property of 19.5 cents shown as Arayathuruthu was also found being owned by Raju who was brother of A 18.
The High Court has held that the registered owners Chellamma and Sahadevan were number in the possession of premises.
His wifes name is Usha and her younger sisters name is Ambili and it was alleged by the prosecution that his wifes brother Raju also helped him in his business.
A 4 and A 8 and even their wives were number left behind which is clear from the fact that they were arrayed as accused along with others but companyld number be brought to book as they were absconding and hence their cases were separated.
The evidence of this witness further goes on to show the position of godown which was used for the storage of ethyl alcohol and methyl alcohol.
83, 84, 85 and 86 were seized from these premises.
However, as many as four accused persons, they being accused Nos.
It appears to be an admitted position that shop Nos.
The Sessions Judge then referred to the incriminating articles seized from the very premises occupied by A 7 analysis of which gave indication of nature of his business.
The defence also examined as many as 17 witnesses and relied on 110 documents being Exhibits D 1 to D 111.
PW 270, K. Joswa, companyducted a search in the outhouse vide Exhibit P134 and found two tanks of 5 thousand litres capacity in the underground cellar of the North Eastern companyner of the building.
The medical certificates as also the post mortem reports have been meticulously dealt with para wise with the evidence of the witness proving such certificates as also the evidence of the doctors.
The Sessions Judge also discussed the evidence of the few of those witnesses who had actually companysumed the spurious liquor and suffered injuries because of that.
These premises include Sreekrishna Tabuk Industries.
Instead the prosecution planted him as a prosecution witness.
All this shows the huge volume of business of A 7.
The prosecution alleged that methyl alcohol used to be purchased by A 17 outside the state of Kerala and used to be supplied to A16 who delivered it to the godown at Pandaksala bearing door No.
He pointed out that the essence mixed spirit was taken to the shed belonging to A 7 Attukadavu.
Exhibit P 135 is the search mahazar and report relied on in this regard.
They were buried in the South Eastern portion of the building.
The Trial Court returned the finding that firstly it was established by the prosecution that the deaths injuries of the victims were caused because of companysumption of spurious liquor with methyl alcohol.
The High Court also made reference to other properties which were used by A 7 for the purpose of illicit business, which properties belonged to mother in law of A 7.
All these crimes were companysolidated with crime No.268 of 2000 of Parippally police station and the information started trickling regarding the companysumption of spurious liquor by poor persons and their admittance to the hospital from within Anchal and Pooyappally police station limits.
This Fiat car was fitted with a secret tank and thus the poisonous methyl alcohol was imported and was mixed with 56,200 litres of spirit which was also imported to Kerala by Mahesh A 12 , Salil Raj A 13 , Ashraf A 14 and Sakthi A 48 .
It is number as if methyl alcohol was restricted only to the above mentioned premises.
These tanks were fitted with PVC pipes for the purpose of filling and emptying the same.
Then the pouches were loaded in one Maruti car on the same day and the same was entrusted to A 39, Latha Kumari.
The High Court has discussed about his house properties from where number of cans were seized.
From these statements and from the documents, it became clear that a full fledged business in illicit liquor was going on.
The Sessions Judge then dealt with the properties including the godowns which were raided and from where samples were companylected.
Some liquor out of this was sold to one Soman Pillai and CWs 630 to 634 and on that account Latha Kumari and Soman Pillai died while others suffered serious injuries.
Three other similar crimes were registered at Kottarakkara police station and this was followed by further crimes registered in the same police station being Crime No.809 of 2000, Crime No.810 of 2000, Crime No.811 of 2000 and Crime No.817 of 2000.
A 4 Manikantan Kochani , A 7 Chandran Manichan , A 8 Vinod Kumar , A 15 Balachandran , A 18 Usha , A 19 Sugathan , A 20 Vijayan , A 21 Rassuludeen , A 22 Suresh Sankaran and A 23 Binu Monukuttan were active in firstly procuring the methyl alcohol and then mixing the same in the laboratories and then distributing the same in the whole district, more particularly, to the various outlets for sale of toddy.
He has also discussed about he incriminating circumstances.
Similar incidents had taken place within the limits of Mangalapuram police station and the crime was registered there also.
Some of these number plates related to some of the vehicles recovered from the premises i.e. the plot where the house was being companystructed.
Similar is the evidence of Peter Jacob PW 81 referred by the Sessions Judge.
Few accused were absconding, their cases were split up.
It was alleged by the prosecution that Gunasekharan A 17 purchased two barrels of methyl alcohol as part of the criminal companyspiracy from Arihant Chemicals, Bangalore and the same was entrusted to Anil Kumar A 16 for import to Kerala for the purpose of its mixing with the spirit ethyl alcohol and for sale by Manikantan Kochani A 4 , Chandran Manichan A 7 , Vinod Kumar A 8 , Balachandran A 15 , Usha A 18 , Sugathan A 19 , Vijayan A 20 , Rassuludeen A 21 , Suresh Sankaran A 22 , Binu Monkuttan A 23 .
He had taken samples D 1 to D 18 which were ultimately found with ethyl alcohol.
The Sessions Judge then went on to appreciate the evidence of the relatives of those persons who lost their lives.
The sample companylected from the tanks for chemical analysis showed that it was ethyl alcohol.
The Sessions Judge went on to accept the evidence of all these witnesses regarding the reason of the death of their kith and kin.
These are also material particulars which would lend support to the testimony of PW 53.
He then directed the whole remaining material to be poured into the river and to destroy the cans.
Shri Joshua has given the graphic description of all the places where the activity of mixing used to go on.
Once methyl alcohol was imported, it used to be brought to the huge laboratories companystructed for that purpose and carefully companycealed which was located at Pandakasala.
This spirit was used for making a drink called Kalapani by mixing with essence and some toddy.
Unfortunately, all this was going on in Gods own companyntry, Kerala which was turned into hell by the liquor mafia.
The prosecution case is that, therefore, he started procuring illicit ethyl alcohol and for that purpose accused No.4 and other accused being A 12, A 13, and A 48 helped him.
According to him he came to know about the Kalluvathaukkal tragedy on 21.10.2000.
Some of the items seized by this search list showed traces of methyl alcohol.
KL 01 843 belonging to A 7.
The more potent brand which was by adding spirit to toddy was named as KP.
He had also searched the toddy godown in Ushus building which was on the southern side of Ushus building at Pandaksala.
This property was also used by A 7 to destroy the evidence by burning plastic cans and other items.
By doing the toddy business alone he companyld number have earned even 1 per cent of the bid amount of Rs.4 crores.
They have also been awarded lesser sentences and have been slapped with heavy fines.
Some irrelevant questions were put to him which he answered suggesting that the property belonged to A 7 and the godown also belonged to him and the mixing used to be done there only.
The High companyrt has further held that the toddy business was carried on in the building where firm Ushus Traders was operating.
