M PRAKASHAN Vs. EXCISE INSPECTOR AND ORS

JUDGEMENT

(1.) The accused in S.C.No.272 of 2001 of the Additional Sessions Court(Adhoc-I), Kasaragod, who stands convicted under Section 55(a) of the Abkari Act and sentenced to undergo rigorous imprisonment for three months and to pay a fine of Rs.1 lakh, in default, to undergo rigorous imprisonment for one more month, has come up in appeal.

(2.) The prosecution case is that, on 12.1.2000 at 8 pm, the appellant was found in possession of 16 bottles, each containing 375 ml of Indian Made Foreign Liquor meant for sales in the State of Karnataka only, on the public road near Maipady Health Centre in Patla Village.

(3.) PW2 Excise Circle Inspector, Kasaragod along with the excise party while on patrol duty detected the offence at 8 pm on 12.1.2000 . He allegedly placed the appellant under arrest and seized the contraband through Ext.P1 mahazar. A sample was drawn from the contraband and sealed. He took the appellant along with the material objects and records to the Excise office, where PW6 Excise Inspector registered OR 1/00 through Ext.P2 occurrence report. He handed over the appellant, the material objects and the records to PW3. PW3 registered C.R.No.3 of 2000 through Ext.P3 occurrence report. He prepared Ext.P4 property list and Ext.P5 forwarding note and produced the material objects before court. On getting Ext.P6 certificate of chemical analysis, which revealed that the sample contained 42.85% by volume of ethyl alcohol, PW6 Excise Inspector filed the complaint.