(1.) This revision is directed against the conviction and sentence of the accused in C. C. No. 324/59 on the file of the Second Class Magistrate, Neyyattinkara which had been confirmed by the District Magistrate of Trivandrum. The accused had been charged for offences punishable under S.8(1)(a) and 8(1)(g) read with S.16 of Act XIII of 1950.
(2.) The prosecution case briefly stated is as follows:
(3.) Thereafter Pw. 2 took into custody M.O. 1 and returned to the house. They then conducted a search of the house in the presence of the witnesses and took into custody all the material objects marked in this case. M.O. 1, copper vessel which had been dropped down by the accused was found to contain one nazhi of wash used for the manufacture of arrack. On a search from the western room, an earthern pot which had the smell of alcohol was recovered. Other implements used for the manufacture of arrack were also taken into custody. In the eastern room there were 10 earthern pots containing large quantities of wash. Then it is stated that the excise officers questioned the persons present there and ascertained the name of the person who had run away. They prepared Ex. P1 mahazar and it was attested by the witnesses. Pw. 3, Preventive Officer corroborated the evidence of Pw. 2. Pw. 4, one of the attestors when examined in chief admitted that the excise party had raided the house and prepared the mahazar Ext. P1 and that he had signed it. In cross examination he, however, stated that at the time when the excise people came, large number of persons were present there, but the accused was not there and that the accused was a person known to him before. The prosecution therefore treated the witness as hostile and cross examined him. The remaining attesting witness, the President of Karumkulam Panchayat was not examined as he was not available for examination even though coercive steps had been taken for securing his presence.
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