MATHA W/O. PRABHAKARAN NAMBIAR Vs. EXCISE INSPECTOR

JUDGEMENT

(1.) THE accused in S.C.No.495/2002 of the Additional Sessions Court(Adhoc-II), Kozhikode, who stands convicted under Section 58 of the Abkari Act and sentenced to undergo rigorous imprisonment for 1= years and to pay a fine of 1 lakh, in default, to undergo simple imprisonment for six more months, has come up in appeal.

(2.) THE prosecution case is that, on 23.12.2000 at 12.30 p.m., the appellant was found in possession of 1.5 litre of illicit arrack in a 1.5 litre plastic bottle, contained in a plastic bag. The case was allegedly detected by the Excise Inspector and party attached to the Quilandy Excise Range. The contraband was seized through Ext.P2 mahazar. The sample was drawn. As no women police constables were available, the appellant was not placed under arrest.

(3.) ON the side of the prosecution, PWs 1 to 4 were examined and Exts.P1 to P8 were marked. MOs 1 and 2 were identified. No defence evidence was adduced. The court below found the appellant guilty of the offence punishable under Section 58 of the Abkari Act, convicted her thereunder and sentenced her as aforesaid.