MOHANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) In this case charge-sheeted by Excise Range Inspector, Mavelikkara, the sole accused in S.C. No.272/2003 was convicted and sentenced for offence punishable under Section 55(a) of the Abkari Act,1077(for short, 'the Act'). The learned trial Judge sentenced the appellant to undergo Rigorous Imprisonment for a period of one year and to pay a fine of Rs.1,00,000/- followed by default sentence of Simple Imprisonment for another six months.

(2.) The prosecution allegation against the appellant is that on 24.02.2002 at 8.30 pm, the Excise party consisting of PW1, Preventive Officer of Mavelikkara Excise Range and others found the appellant to be in possession of 1.5 litres of spirit concealed in MO1, plastic bottle in PIP main canal road running from Kannattumodi junction to Pulimoodu junction and he was intercepted in the presence of independent witnesses of the locality. PW1 tested the contents of the liquid and found it to be spirit. He took 300 ml of sample in a separate bottle of 375 ml, immediately after arresting the appellant on the spot. The bottles were thereafter labelled and sealed in accordance with law. Evidencing seizure and arrest, Ext.P1/seizure mahazar was prepared by PW1 and he produced the appellant and material objects before Judicial First Class Magistrate, Mavelikkara. Material objects incorporated in Ext.P3, property list was produced before the Committal Court forthwith without any delay. Ext.P2, occurrence report was prepared by PW4, Excise Range Inspector and after completing investigation, he laid final report before the Committal Court which committed the case to the Sessions Court, Alappuzha, from where it came to be tried before the Additional Sessions Judge, Fast Track-I, Alappuzha.

(3.) After the appellant having denied the charge framed against him for offence punishable under Section 55(a) of the Act, prosecution examined PWs1 to 4 and marked Exts.P1 to P4 and MO1.