T.NARAYANAN,S/O.PAKKEERAN Vs. EXCISE INSPECTOR

JUDGEMENT

(1.) THE accused in Sessions Case No.579 of 2004 of the Additional Sessions Court (Adhoc-II), Kasaragod, who stands convicted under Section 55(a) 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 1.2.2002 at 6 p.m. PW3 Excise Inspector of Kasaragod Excise Range and party, while on patrol duty, could see the appellant coming through Bovikkanam-Kanathur road at Kanathur by holding a plastic sack. He was intercepted and the contents of the plastic sack was verified. The sack was found containing 100 polythene packets each containing 100 ml of arrack. Consequently, the appellant was placed under arrest and the contraband was seized through Ext.P1 seizure mahazar. A sample of 200 ml was drawn from the contraband and the same was sealed. With the appellant, the material objects and the records, he reached the excise office and registered Ext.P4 occurrence report. He prepared Ext.P5 property list and forwarding note, the copy of which is marked as Ext.P6 and produced the contraband and the samples along with the accused before court.

(3.) ON the side of the prosecution PWs 1 to 4 were examined, Exts.P1 to P7 were marked. MO1 series were identified. No defence evidence was adduced. The court below found the appellant guilty of the offence punishable under Section 55(a) of the Abkari Act, convicted him thereunder and sentenced him as aforesaid.