ASOKAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner is the second accused in the case S.C No.1035/2012 on the file of the Court of the Assistant Sessions Judge, Koyilandy.

(2.) Concurrent verdicts of guilty and conviction recorded against the petitioner by the courts below under Section 8(1) read with 8(2) of the Abkari Act, 1077 are assailed in this revision petition.

(3.) The prosecution case is as follows: On 25.09.2009, the Excise Inspector (PW1) of Balussery Excise Range was conducting patrol duty with excise party in the department vehicle. At about 15:15 hours, when they reached the public road in front of the house of one Aboobacker at the place Modakkallur in Koyilandy Taluk, they saw a motor cycle coming from the opposite direction. The first accused was the rider and the second accused was the pillion rider of the motor cycle. On seeing the excise party, the speed of the motor cycle was slowed down and the second accused tried to get down with the plastic cover which was placed by him on his lap. The excise party then stopped their jeep and got down from the vehicle. PW1 got the motor cycle stopped by giving signal. He inspected the plastic cover held by the second accused who had got down from the motor cycle. There was a can of ten litres capacity in the plastic cover. The can contained five litres of liquid. By the taste and smell of the liquid, PW1 found that it was arrack. He arrested both accused at the spot. He took sample of the liquid in a bottle and sealed the sample bottle and the can containing the residue and also affixed label bearing the signature of himself and the witnesses and the accused on the can and the sample bottle. PW1 seized the properties as per Ext.P2 mahazar. On reaching the excise range office with the accused and the records and the properties, PW1 registered case against the accused as Ext.P3 crime and occurrence report.