RAKKAPPAN Vs. EXCISE INSPECTOR

JUDGEMENT

(1.) The revision petitioner is the accused in the case S.C No. 197/2008 on the file of the Court of the Assistant Sessions Judge, Palakkad.

(2.) Concurrent verdicts of guilty and conviction recorded against the petitioner by the courts below under Section 55(a) of the Abkari Act, 1077 (hereinafter referred to as 'the Act') are assailed in this revision petition.

(3.) The prosecution case, in short, is that on 30.09.2007, at about 10:20 hours, the Preventive Officer (PW1) of the Palakkad Excise Range and the excise party with him, found the petitioner at the road near the petrol bunk at the place Manali in Palakkad with a bag containing five bottles of Indian Made Foreign Liquor (for short 'IMFL'), each bottle having the capacity of 1.500 litres. The liquor was of the kind 'Imperial Express XXX Rum'. PW1 arrested the accused and seized the bottles of liquor and the bag, took samples from the liquor and seized the articles as per Ext.P2 mahazar.