NARAYANAN S/O. KUNHIKANARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE accused in S.C.No.445 of 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 two years and to pay a fine of Rs.1 lakh, in default, to undergo simple imprisonment for six months, has come up in appeal.

(2.) THE prosecution case is that on 30.6.2000 at 1.30 p.m. the appellant was found coming through a road at Pookkad, Thuvvakode Desom, Chemanchery amsom, Quilandy, by holding a plastic can. He was intercepted by PW1, Preventive Officer of Excise Range Office, Quilandy and the can was examined. The can was found containing 5 litres of illicit arrack. The appellant was placed under arrest and sample was drawn. The contraband was seized through Ext.P1 mahazar. The appellant along with material objects and records were produced before PW3, Excise Inspector. PW3 registered Ext.P4 occurrence report and produced the accused before court through Ext.P5 remand report. He produced the material objects through Ext.P6 property list. Forwarding note was given for subjecting the sample to chemical analysis. Ext.P7 is the copy of the forwarding note which contains the specimen seal of PW3. On obtaining Ext.P8 certificate of chemical analysis, the final report was filed by G. Mohanan who was the Excise Inspector at that time.

(3.) HEARD the learned counsel for the appellant and the learned Public Prosecutor. The learned counsel for the appellant has argued that there is no sufficient evidence to connect the appellant with the offence alleged against him. It is also argued that there is no evidence to show that the appellant was in conscious possession of the contraband and therefore, a conviction under Section 58 of the Abkari Act is not sustainable.