KUNCHU GUPTHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is filed against the judgment dated 04.08.2006 in S. C. No. 327/2005 on the file of Additional Sessions Judge, Fast Track Court-III, Palakkad. The above case is charge sheeted against the appellant alleging offences punishable under Section 8 (1) and (2) of the Kerala Abkari Act.

(2.) The prosecution case is that, the circle inspector of Excise, Excise Enforcement and Anti Narcotic Special Squad, Palakkad with Excise party was on patrol duty on 27.06.2001. On that day at 6.00 p.m., when the Excise party reached in front of the house of one Ali, S/o Muhammed, they found the accused coming in the opposite direction holding a can in his hand. On seeing the excise party, the accused tried to go back. On suspicion, the excise party stopped the accused and verified the contents of the can in the presence of the witnesses. It is the case of prosecution that, the circle Inspector found about 4 liters of illicit arrack in that can. Therefore, it is alleged that, the accused committed the offence. After taking sample the same was produced before the Excise office and PW5 Preventive Officer registered the case.

(3.) To substantiate the case, the prosecution examined PW1 to PW6. Exts. P1 to P5 are the exhibits marked on the side of the prosecution. MO1 is the material objects.