MOHANAN Vs. STATE

JUDGEMENT

(1.) Two persons were prosecuted for the offence punishable under Section 55(a) of Abkari Act. Both of them were found guilty and they were therefore convicted and sentenced to suffer rigorous imprisonment for four years each and to pay a fine of Rs.1 lakh each with default clause of rigorous imprisonment for one year each. Set off as per law was allowed.

(2.) This appeal is by the 2nd accused in S.C No.967/2004 of Additional District & Sessions Court (Fast Track-I), Thiruvananthapuram. The prosecution case in brief is that on 26.04.2000, while PW3 was functioning as Excise Inspector of Varkala Excise Range, he and his team of officers were inspecting the vehicles that came along the way. By about 8 p.m, from the northern side, an autorickshaw was seen coming along. PW3 showed his hand to stop the auto. But it so appeared to the Excise Officers that the driver did not intend to stop the vehicle. Therefore, they obstructed the vehicle from being taken forward. The auto was intercepted. Apart from the auto driver, there was another person sitting on the rear seat. The driver is the 1st accused and the person who was sitting on the rear seat is the 2nd accused. On the rear seat of the auto, a curtain was seen drawn. The 2nd accused was asked to get out of the autorickshaw and the curtain was removed and then it was revealed that there were two white cans. They contained some some sort of liquid. The cans were opened and by taste and smell, the contents were identified as spirit. Both the accused were arrested. Ext.P1 mahazar was prepared from the place of occurrence itself. According to PW3, the cans were sealed and labeled and the label contained the signature of accused, witnesses and PW3. Thereafter, they returned to the Excise Range Office with the accused and the seized articles and a case was registered against them. On the next day, accused were produced in court along with the seized articles. It is stated by PW3 that they had also filed an application to take samples from court, from contraband articles seized and produced before court. The autorickshaw was produced before the Assistant Excise Commissioner. Ext.P4 is the occurrence report prepared by PW3 and Ext.P5 is the requisition made by PW3 to the court to take sample and sent it for chemical analysis.

(3.) Investigation was taken over by PW4. He recorded the statement of witnesses, obtained Ext.P6 report, completed investigation and laid charge before court.