RAJEEV S/O .ASOKAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE accused in S.C.No.1152/2002 of the III Additional Sessions Court, Kollam, who stands convicted under Section 55(a) of the Abkari Act and sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of 1 lakh, in default, to undergo rigorous imprisonment for ten more months, has come up in appeal.

(2.) THE prosecution case is that, while the excise party of Chathannoor Excise Range, under the leadership of PW4, engaged in patrol duty at about 12 noon on 11.02.1998, the appellant was found in possession of 3 litres of arrack in front of a house situated at the side of a footpath leading to Dhavalakuzhi in Akkolil Cherri of Mayyanadu village.

(3.) HEARD the learned counsel appearing for the appellant and the learned Public Prosecutor. The learned counsel for the appellant has argued that the prosecution itself is bad on the ground that the crime was detected by PW4, who was not authorised to do it. It was also argued that PW2, before whom the appellant was produced, is not empowered to act under Section 40(3)(b) of the Abkari Act and, therefore, all the procedure adopted by the excise officials in this case are bad in law. It was also argued that the contraband was belatedly produced without any explanation regarding the delay.