KRISHNANKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused has faced trial for the offence under Section 55(a) of the Abkari Act before the Additional Sessions Court (Ad Hoc-1), Thodupuzha. He was found guilty and, therefore, convicted and sentenced thereunder to undergo rigorous imprisonment for six months and to pay a fine of rupees one lakh, or in default, to undergo simple imprisonment for three months. The same is under challenge.

(2.) The facts of the case are that on 21-8-2000, at about 3.30 P.M., the appellant was found carrying 5.25 litres of Indian made foreign liquor, in MO.2 series, six bottles of 750 ml. each and MO.3 series, two bottles of 375 ml. each, along the Thodupuzha - Muvattupuzha road. In front of the Village Office, Thodupuzha, MO.2 series and MO.3 series were seized by the Excise officials under Ext.P1 mahazar, attested by PW.2. C.R. No. 13 of 2000 was registered and, PW.3, the Excise Inspector, conducted investigation. He obtained Ext.PS chemical analysis report. The trial court accepted the evidence and convicted and sentenced the appellant as stated above.

(3.) The question that has been raised by the learned counsel Mr.Shaji Thomas Porkkattil, is that Ext.P5 chemical analysis report shows that out of eight bottles of Indian made foreign liquor seized, sample was taken only from one bottle of 750 ml. capacity. Therefore, it is submitted that the prosecution has not established whether the remaining bottles were of Indian made foreign liquor or not. Counsel, hence, submitted that, as only one bottle of 750 ml. capacity was found containing Indian made foreign liquor, it comes within the permitted capacity of 1.5 litres. Therefore, the prosecution failed to prove the offence alleged against him under Section 55(a) of the Abkari Act, is the submission. Hence, counsel prayed to set aside the conviction and sentence.