KUTTAPPAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused faced prosecution for the offence punishable under Section 8 of Abkari Act. He was found guilty and was therefore convicted and sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs.1 lakh with default clause of rigorous imprisonment for six months. Set off as per law was allowed.

(2.) The prosecution case in brief is that on 07.06.2000 while PW1 was functioning as Excise Inspector of Nenmara Range, he along with PW2 and others had gone for routine patrol duty and at about 11.45 a.m when they reached near the house of accused, he was seen coming along the way with a bottle. He was intercepted and the bottle was seized and examined. The bottle contained about 1 litre of arrack. 300 ml was taken as sample from the contraband seized and the sample and the balance quantity were sealed and labeled. The labels contained the signature of accused as well as PW1. Ext.P1 is the mahazar prepared at the spot. PW1 then returned to the station and as per Ext.P2 occurrence report, crime was registered. He sent Ext.P3 forwarding note to the court and obtained Ext.P4 chemical analysis report.

(3.) Investigation was taken over by PW5. He recorded the statement of witnesses, prepared Ext.P5 scene mahazar, completed investigation and laid charge before court.