CHINNAN ALIAS CHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in Sessions Case No.87 of 2004 of the III Additional Sessions Court (Adhoc-I), Thrissur, who stands convicted under Section 58 of the Abkari Act and sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs.1,00,000/-, in default, to undergo rigorous imprisonment for three more months, has come up in appeal.

(2.) The prosecution case is that on 3.3.1999 at 5 pm, the appellant was found in possession of two litres of arrack in a can of 5 litre's capacity, at the Panchayath road lying at the west of Kunnumpara in U.C. colony of Mayannur desom in Kondazhi Village.

(3.) The crime was detected by PW1 Preventive Officer who was engaged in patrol duty along with PW4 and other members of the Excise party. On seeing the appellant coming with the can, he was intercepted, questioned and the contents of the can was verified. The can was found containing two litres of arrack. The same was seized through Ext.P1 seizure mahazar. The appellant was placed under arrest. A sample of 200 ml was drawn in a 375 ml bottle. Ext.P3 arrest notice was given. The appellant along with the material objects and records were produced before PW6, Excise Inspector, who prepared Ext.P6 occurrence report. The appellant was produced before court through Ext.P8 remand report. The material objects were produced before court. PW7 Excise Inspector filed the complaint on getting Ext.P9 certificate of chemical analysis.