RAJAN Vs. SATTE OF KERALA

JUDGEMENT

(1.) Is it not a reality that the accused persons involved in Abkari cases are being dealt with harshly when compared to most of the accused persons involved in offences under the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the NDPS Act'), even when it is permissible to consume liquor containing Ethyl alcohol, whereas, consumption of various contraband under the NDPS Act is totally prohibited Is it not merely aiming at the collection of revenue rather than aiming at the protection of the health and social security of the citizens

(2.) Accused in S.C.No.381/2001 of the Additional Sessions Court (Adhoc-II), Thodupuzha, who stands convicted under Section 55(a) of the Abkari Act and sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of 1 lakh, in default, to undergo simple imprisonment for two more months, has come up in appeal.

(3.) The prosecution case is that, on 30.12.1999 at 3.30 p.m., while PW3, Excise Inspector of Udumbanchola, and party were on patrol duty, they could see the appellant coming with a can containing something. He was intercepted and the can was examined. On examination, the can was found containing 2= litres of arrack. A sample was drawn and the appellant was placed under arrest. The contraband was seized through Ext.P1 mahazar. PW3 registered C.R.No.63/99 of Udumbanchola Excise Range through Ext.P6 occurrence report. On the same day, the accused was produced before the learned Magistrate along with Ext.P1 mahazar, Ext.P4 arrest memo, Ext.P5 arrest notice and Ext.P6 occurrence report. He conducted the investigation and filed the final report on obtaining Ext.P9 certificate of chemical analysis.