BALAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant stands convicted for the offence under Section 55(g) of the Abkari Act. On conviction, the trial court sentenced the appellant to undergo rigorous imprisonment for one year and to pay a fine of Rs.1,00,000/- with default sentence of six months rigorous imprisonment.

(2.) According to the prosecution case, on 22.09.2004, the Excise Party attached to the Thirurangadi Excise Division had found the accused at a place called Nagaram near the Chiramangalam Thirichilangady Road by about 8.30 p.m, carrying a white jerry can having capacity of 25 litres. The accused was accosted and the contents of the jerry can examined, upon which it was found to contain 'wash' used for manufacturing arrack. Thereupon the accused was arrested, 500 ml of wash drawn as sample and the sample bottle sealed. Thereafter, the balance wash in the jerry can was destroyed by pouring it out. On chemical analysis, the sample was found to contain 2.27% by volume of ethyl alcohol.

(3.) In order to prove the prosecution case, PW1 to PW6 were examined and Exts.P1 to P8 were marked. MO1, the jerry can from which the sample was alleged to have been drawn was produced and marked.