BHASKARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellant challenges the conviction imposed for an offence under Section 55(a) and (i) of the Abkari Act by the learned Additional Sessions Judge (Abkari Cases), Kottarakkara in Sessions Case No. 767/2001. It is alleged that on 12-08-1998 at about 6.20 p.m., two accused persons in furtherance of their common intention to sell illicit arrack were found in possession of about 8 litres of arrack in a 10 litre black jerry can. The appellant (second accused) was found in possession of a glass tumbler and he was sitting along with the first accused. On seeing the Police Officers, the first accused threw away the can and escaped. The second accused was apprehended by PW 3. After preparing relevant documents, the appellant was arrested and he was produced before the court. At the time of trial, prosecution examined four witnesses and marked five documents. Two defence witnesses were examined by the appellant. MO's 1 and 2 are the material objects.

(2.) Heard the learned counsel for the appellant and the learned Public Prosecutor.

(3.) Learned counsel for the appellant submitted that there is no evidence to find that the appellant possessed illicit arrack as alleged by the prosecution. Further, there is not even any trace of evidence to find that he was indulging in sale at the time of the alleged detection. Learned counsel for the appellant further contended that there is no forwarding note or requisition for sending the sample for chemical analysis produced and proved by the prosecution. That apart, there was 70 days of delay in producing the contraband and the explanation offered by PW 3 for delay cannot be legally accepted.