VARGHESE V.CHERIAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE accused in S.C.No.589 of 2002 of the Additional Sessions Court(Adhoc-I), Alappuzha, who stands convicted under Section 55(g) of the Abkari Act and sentenced to undergo simple imprisonment for three years and to pay a fine of Rs.1 lakh, in default, to undergo simple imprisonment for one more year, has come up in appeal.

(2.) THE prosecution case is that, on 18.11.2000 by about 7 p.m., while PW4, Excise Inspector of Chengannur Excise Range and party were on patrol duty, they could see the appellant carrying a 35 litre can on his shoulder and walking through the road. He was intercepted and the contents of the can was verified. It was revealed that the can was containing 35 litres of wash. The appellant was placed under arrest and the contraband was seized. A sample of 500 ml was drawn. The balance wash was destroyed. The sample and the can were seized through Ext.P1 mahazar. They went to the excise office with the appellant and the material objects and registered C.R.No.89 of 2000 through Ext.P3 occurrence report. On the next day itself, the appellant was produced before court along with the material objects. Requisition was filed and the sample was sent for chemical analysis. On getting Ext.P5 certificate of chemical analysis, the complaint was filed.

(3.) HEARD the learned counsel for the appellant and the learned Public Prosecutor. Learned counsel for the appellant has mainly argued that there is no sufficient evidence to connect the appellant with the crime. It is further argued that PW4 had violated the mandatory provisions contained under Section 67-B of the Abkari Act by destroying the balance contraband after taking the sample. It is further argued that, in fact, there is no reason to believe that the contraband was destroyed, as Ext.P3 reveals that the contraband contained in the can was also sealed.