KARIMPAN Vs. STATE OF KERALA

JUDGEMENT

(1.) APPELLANT is aggrieved by the conviction and sentence by the learned Additional Sessions Judge for an offence under Section 58 of the Abkari Act (in short 'the Act'). Prosecution case, in short, is that on 30 -06 -1997 at 12.00 noon, the appellant was found carrying a can containing about 5 litres of illicit arrack and thereby he committed the offence punishable under Section 58 of the Act.

(2.) HEARD Sri. V.M. Syam Kumar, the learned counsel for the appellant and Sri. K.K. Rajeev, the learned Public Prosecutor.

(3.) BEFORE going into the legal aspect, I shall refer to the evidence in this case. Ext.P1 is the seizure mahazar. It was proved by PW1. PW1 was the Preventive Officer in the Excise Range, Pazhayannur. According to his testimony, on 30 -06 -1997 at about 12.00 noon, while he, along with his party was engaged in patrol duty, found the accused carrying a can. He was trying to hide the same on seeing the Excise Officers. On feeling suspicion, he was questioned. On examination of the can, it was seen that it contained illicit arrack of about 5 litres. The accused was arrested for committing an offence under the Act. Liquor was poured into a bottle having a volume of 180 ml. as sample and it was properly sealed. Thereafter, Ext.P1 was prepared. The accused and the contraband article were taken to the Excise Office and then to the court. Ext.P2 is the arrest memo and Ext.P3 is the body search mahazar. PW1 was subjected to cross examination. His version that the accused was found carrying liquor on the alleged date remains credible in spite of cross examination.