MANIKANTAN PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in S.C. No. 105/2001 of the Additional Sessions Court (Adhoc-I), Thiruvananthapuram, who stands convicted under Section 55(a) of the Abkari Act and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 1,00,000/-, in default, to undergo rigorous imprisonment for one more year, has come up in appeal.

(2.) The prosecution case is that on 24.08.1998 at 3.45 p.m. while P.W. 1 Circle Inspector of Excise, Attingal Range along with his party were on patrol duty in search of illicit liquor, they could see the appellant corning with MO 1 plastic bag near the Vettiyar Culvert in Navaikulam village. On seeing the excise party, the appellant tried to move away. He was intercepted and the contents of the MO 1 plastic bag was verified. It was found containing 60 packets, each containing 100 ml of arrack. The contraband was seized through Ext. P1 mahazar and the appellant was placed under arrest through Ext. P2 arrest memo. P.W. 1 produced the appellant and the contraband along with the records before PW5, Excise Inspector, Varkala. He registered Ext. P5 occurrence report and produced the appellant before the court along with remand report. The properties were produced before court along with the records and forwarding note. PW3 Excise Inspector, Varkala, who was the successor in office to PW5, on getting Ext. P4 certificate of chemical analysis, filed the complaint.

(3.) On the side of prosecution, PWs. 1 to 5 were examined and Exts. P1 to P5 were marked. MO 1 and MO 2 series were identified. No defence evidence was adduced. The court below found the appellant guilty of the offence punishable under Section 55(a) of the Abkari Act, convicted him thereunder and sentenced him as aforesaid.