VIJAYAN S/O.KANNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) ACCUSED in S.C.No.576/2005 of the Additional Sessions Court (Adhoc-I), Kozhikode, who stands convicted under Section 58 of the Abkari Act and sentenced to undergo rigorous imprisonment for two years and to pay a fine of 1 lakh, in default, to undergo rigorous imprisonment for six more months, has come up in appeal.

(2.) THE prosecution case is that, on 20.08.2003 at 5.30 p.m., while PW1, Preventive Officer of Kunnamangalam Excise Range, and party were on patrol duty through Eranjimavu-Pannikkode area, they could see the appellant coming with a plastic can from the opposite direction. The appellant was intercepted and the contents of the can was verified. The can was found containing 4 litres of arrack. The appellant was placed under arrest and the contraband was seized through Ext.P2 seizure mahazar. A sample of 180 ml. was drawn. PW1 and party took the appellant and the material objects to the excise office and produced before PW4, Excise Inspector.

(3.) ON the side of the prosecution, PWs 1 to 4 were examined and Exts.P1 to P7 were marked. MO1 was 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 him thereunder and sentenced him as aforesaid.