THANCKACHEN Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in S.C.No.386 of 2001 of the Additional Sessions Court (Adhoc-I), Pathanamthitta, who stands convicted under Section 8 of the Abkari Act and sentenced to undergo rigorous imprisonment for 3 years and to pay a fine of Rs. 1,00,000/-, in default, to undergo simple imprisonment for 2 more years, has come up in appeal.

(2.) The prosecution case is that on 31.08.1998 at 12.30 p.m., while PW1 Excise Inspector, Adoor along with Excise party was on patrol duty they could find the appellant near Muttar Bridge at Pandalam-Mavelikara P.W.D. road coming with a white can in his hand. On seeing the Excise party, he tried to move away. He was intercepted and the contents in the can was seized. The can was contained 9 litres of arrack. The appellant was placed under arrest. The contraband was seized through Exhibit P1 mahazar. He reached the Excise Office with the appellant, the material objects and the records and registered C.R.No.53 of 1998 through Exhibit P3 occurrence report. Through Exhibit P4 remand application, the appellant was produced before court.

(3.) PW5 Excise Inspector of Adoor Excise Range, completed the investigation and filed final report on obtaining Exhibit P6 certificate of chemical analysis.