C.G.RAJU @ PANDYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS appeal has been preferred through the Superintendent of Central Prison, Kannur. Adv. Aditya Shenoy A.G. was appointed as the State Brief to argue this appeal.

(2.) HEARD Adv. Aditya Shenoy A.G., learned counsel for the appellant and the learned Public Prosecutor.

(3.) THE case of the prosecution is that while PWs 1 and 2 were on beat duty on 13.10.2009, they found the appellant coming from the forest area carrying a red rexin bag. He was intercepted and M.O.1 rexin bag was examined. It was found to contain a jerry can of 10 litre capacity with full liquid therein. Bonafide believing that it was arrack, the Excise Officer was informed. The Excise Inspector reached the spot along with other officials. The can was examined. He identified the liquid as arrack. It was seized as per Ext.P1 mahazar. 200 ml of arrack was taken in a bottle of 375 ml. It was sealed and label was affixed. Thereafter, the sample bottle and the remaining liquid in the jerry can and the rexin bag were seized. The accused was arrested for which Ext.P2 - arrest memo was prepared. The accused and the contraband articles were taken to the Excise Range Office. When the sample was sent for chemical examination, it was found to contain 29.89% by volume of Ethyle Alcohol and as such it comes within the definition of arrack.