SUDARSANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The above appeal is filed by the fourth accused in Sessions Case No.983 of 2000 on the file of the Additional District and Sessions Judge, Fast Track No.II, Thiruvananthapuram. The above case is charge sheeted the Excise Inspector, Chirayinkeezhu against the appellant and three others alleging offences punishable under Sections 57A (1) (iii) of the Abkari Act.

(2.) The prosecution case is that on 2.3.1989, at 6.40 P.M. PW4, the Excise Inspector Excise Mobile Testing Laboratory, South Zone, Thiruvananthapuram along with his party inspected and collected samples from the godown of the arrack shop Nos.5, 6 and 7 of the Chirayinkeezh Excise Range at Pandakasala (Godown No.2/88-89, Chirayinkeezh Range) in the presence of the fourth accused, who was the Manager and the person in control of the said godown. On inspection of the stock register in the presence of the fourth accused and witnesses, it was found that 1250 litres of arrack was stored in 13 plastic containers, which were numbered serially. But on verification, altogether 1735 litres of arrack was found stored in the said containers. When the difference in the quantity enquired, it was explained that the arrack shops in the third group of arrack shops in the Chirayinkeezh Range was also run by them and since the godown licence for the said group of arrack shops was cancelled, the arrack for the said shop was also stored there. The Junior Scientific Officer present with the party collected samples from each container and on examination of the said samples at the spot, methyl alcohol was detected in them. So, samples were collected in three bottles, each having a volume of 180 ml. from each containers (3x13=39) and the same were sealed in the presence of the fourth accused and the witnesses. One sample from each container (1x13=13) was entrusted with the fourth accused for keeping in his custody and got it acknowledged by him in Exhibit P1 mahazar. The remaining bottles of samples (13x2=26) were taken into custody. The arrack found in the 13 containers were also taken into custody and entrusted with the Preventive Officer, Soman, who was present with the party for handing over to the Excise Inspector, Chirayinkeezh after describing the same in Exhibit P1 mahazar. A copy of the mahazar was also given to the fourth accused and the same was acknowledged by him in Exhibit P1 mahazar.

(3.) The 13 bottles of samples taken as per Exhibit P1 mahazar was sent for Chemical Examiner's Laboratory for examination. As per Exhibit P3 report of the Joint Chemical Examiner to the Government of Kerala, methyl alcohol was detected in all the 13 samples. The percentage by volume of methyl alcohol found in the samples shown in Exhibit P3 report ranges from 0.31 to 0.48. In Exhibit P3 report, the Joint Chemical Examiner has made it clear that methyl alcohol is a noxious material injurious to health and hence the samples 1 to 13 are unfit for human consumption. Hence the prosecution was lodged against the appellant and others.