RAMACHANDRAN Vs. EXCISE RANGE INSPECTOR AND ORS

JUDGEMENT

(1.) The accused in Sessions Case No.518 of 2001 of the Additional Sessions Court (Adhoc-II), Alappuzha, who stands convicted under Section 55(a) of the Abkari Act and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1,00,000/-, in default, to undergo rigorous imprisonment for three more months, has come in appeal.

(2.) The prosecution case is that on 07.04.2000 at 5 pm, the appellant was found in possession of 750 ml of arrack in a bottle kept inside his shirt at Kottakattu Junction, Varanappally in contravention of the provisions of the Abkari Act. PW1 Preventive Officer of Excise Range, Kayamkulam, detected the offence and seized the contraband through Exhibit P1 seizure mahazar. The appellant was allegedly placed under arrest. A sample of 200 ml was drawn. He reached the office along with the appellant, material objects and records and registered Exhibit P2 crime and occurrence report. PW5 Excise Inspector conducted the investigation and filed the complaint on getting Exhibit P3 certificate of chemical analysis, which reveals the presence of 36.94% by volume of ethyl alcohol in the sample.

(3.) On the side of the prosecution, PWs 1 to 5 were examined and Exhibits P1 to P3 were marked. MO1 was identified. Heard the learned counsel for the appellant and the learned Public Prosecutor. The learned counsel for the appellant has pointed out that there is absolutely nothing to show that the appellant was arrested from the spot and that the contraband and the sample were produced before the court. It is also argued that there is no evidence to show as to when the contraband and the sample were produced before the court.