RAMAKRISHNAN S/O. RAGHAVAN Vs. STATEOF KERALA

JUDGEMENT

(1.) ACCUSED in S.C.No.623/2003 of the Additional Sessions court (Adhoc-II), Kollam, who stands convicted under Section 8(2) of the Abkari Act and sentenced to undergo rigorous imprisonment for two years and to pay a fine of 2 lakhs, in default, to undergo simple imprisonment for one more year, has come up in appeal.

(2.) THE allegation against the appellant is that, on 21.06.2000 at 1.15 p.m., he was found carrying a plastic carry bag, which contained one bottle containing 1= litres and another bottle containing 750 ml. of arrack. PW1, Excise Inspector, Karunagappally, and party, while on patrol duty, saw the appellant walking through the road with the said contraband at Muzhathodimuri. They intercepted the appellant and seized the contraband through Ext.P1 mahazar. He sealed the bottles. He reached the excise office with the appellant and the material objects and registered Ext.P2 occurrence report. He produced the contraband before court along with Ext.P3 property list. Ext.P4 is the certificate of chemical analysis.

(3.) HEARD the learned counsel for the appellant and the learned Public Prosecutor. The learned counsel for the appellant has mainly argued that there is no evidence in this case to prove that Ext.P4 certificate of chemical analysis is in respect of the contraband allegedly seized from the possession of the appellant.