SHAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant herein is the sole accused in SC.No.25 of 2004 of the Additional Sessions Court (Adhoc-I) Kalpetta, who stands convicted and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.1,00,000/- (Rupees one lakh only) and in default, rigorous imprisonment for three months, for offence punishable under sections 55 (a) of the Abkari Act.

(2.) The prosecution case was that, on 28.10.2002, at about 4pm., PW1, who was the preventive officer and PW2, Excise Guard, along with the Excise party of the Excise Enforcement and Anti Narcotic Special Squad were on patrol duty. They found the accused, who was proceeding along the road carrying a can of two liters. He was intercepted. The can was opened and searched. It was found to contain 1½ liters of arrack. Sample was drawn from it. Seals were affixed and along with packing and wrapping, contemporaneous documents were prepared. Accused was arrested at the spot. After investigation, charge was laid. Accused appeared before the court below and pleaded not guilty.

(3.) On the side of the prosecution PWs 1 to 6 were examined and Exts.P1 to P7 were marked. MO1 can was identified. On the side of the accused, DW1 was examined.