CHATHUKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant challenges the verdict of conviction under Sec. 55(g) of Abkari Act and the sentence of R.I. for 2 years and fine of Rs. 1,00,000/- imposed by the Addl. Sessions Judge (Adhoc) No. 11, Manjeri. The case of the prosecution is that on 23.10.2000 at about 11.45 am., the accused was found keeping possession of 10 litres of wash for distilling illicit arrack. It was found in the veranda of the house belonging to and possessed by the accused. From the wash, 600 ml was taken in a 750 ml bottle as sample. The contraband article was sealed and labelled. The sample was also sealed and labelled. The properties were seized as per Ext. P3 mahazar. The accused was arrested then and there. On the same day, Ext. P5 occurrence report was registered. When the sample was sent for chemical examination, it was found to contain 11.13% by volume of ethyl alcohol.

(2.) PW1 to PW3 were examined and Exts. P1 to P6 were marked. MO1, the blue plastic pot which contained wash was identified and marked. The court below accepted the evidence given by PW2, the Excise Inspector which was supported by PW3, the Preventive Officer and held the appellant guilty and convicted him as mentioned above.

(3.) Learned counsel for the appellant submits: The prosecution has failed to prove that the liquid alleged to have been seized from the possession of the accused was wash intended for distillation. It is not a material used for distillation. At any rate mere possession of the same would not attract the offence under Sec, 55(g) of the Abkari Act and as such, the court below should not have convicted the appellant.