KRISHNANKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused was prosecuted for the offence punishable under Section 55(g) 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 incident which gave rise to the case occurred on 19.07.2004. On that day, PW1, the then Excise Inspector, Manjeri along with PW2, the then Preventive Officer, with a team of officers had gone for routine patrol duty. As they were going along the ridge of the property owned by one Mehaboob, they found the accused coming in the opposite direction carrying a bucket. Seeing the Excise Officials, he became nervous and tried to retreat. His attempt was prevented and the bucket was seized. The bucket contained some sort of liquid. By taste and smell, the liquid was identified as wash. Ext.P1 arrest memo was prepared and from the contents of the bucket, 500ml was taken as sample in a bottle of 750ml capacity and the balance contraband article was destroyed at the place of incident itself.

(3.) Pw4 took over investigation. He recorded the statement of witnesses and obtained Ext.P8 chemical analysis report.