VIJAYAN NARAYANAN Vs. STATE OF KERALA AND ORS

JUDGEMENT

(1.) Accused in S.C.No.506/2002 of the Additional Sessions Court (Adhoc-II), Kozhikode, who stands convicted under Section 58 of the Abkari Act and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of 1 lakh, in default, to undergo simple imprisonment for six more months, has come up in appeal.

(2.) The prosecution case is that, on getting information that the appellant was keeping arrack at his unnumbered house in Meladi Amsom, Koyilandi Taluk, PW1, Excise Inspector, Perambra, along with the Excise party reached the said house of the appellant on 11.04.1998 at 10 am, and seized 5 litres of arrack kept by the appellant in the house. The appellant, who was present in the house, was placed under arrest through Ext.P2 arrest memo. Ext.P3 search list was prepared. A sample of 180 ml. was drawn from the contraband. The contraband was seized through Ext.P4 seizure mahazar. The appellant along with the material objects and records were taken to the Excise office, where PW4, Excise Inspector, registered C.R.No.7/1998 through Ext.P6 occurrence report. He produced the appellant before court through Ext.P7 remand report. The material objects were produced before court through Ext.P8 property list on 11.04.1998 itself. The same was returned by the court and again, it was produced back on 18.04.1998. On getting Exts.P10 and P11 certificates of chemical analysis, the complaint was filed.

(3.) On the side of the prosecution, PWs 1 to 4 were examined, Exts.P1 to P11 were marked, and 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.