NAMBI ALIAS VELAYUDHAN 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 three years and to pay a fine of Rs.1 lakh with default clause of simple imprisonment for three months. Set off as per law was allowed.

(2.) The prosecution case in brief is that on 10.09.2002 while PW1 who was functioning as Preventive Officer of Nilambur Excise Range and PW2, the Guard of the same Department along with other officers were on routine patrol duty and while they were passing through the Panchayath road, they happened to see the accused engaged in stirring something in his compound. Feeling suspicious, Excise team went to the spot and found that in the garden land belonging to the accused, they were able to see a can of 35 litres capacity containing 30 litres of liquid and he was seen stirring the same. By taste and smell, the contents was identified as wash. On examination of the premises, at about 10 feet away from the can so located, they were able to locate another can of 35 litres capacity containing full of liquid. On examination of the contents of that can, it was convinced that that too contained wash. PW1 would say that he took two samples of wash of 750ml from each of the cans and the rest were destroyed and the cans were sealed and labeled so also the sample taken from the articles. The first of the cans which was seized was labeled as 'A' and the second one as 'B'. They then prepared Ext.P1 mahazar and had the accused arrested as per Ext.P2 arrest memo. Then they returned to the office and PW1 would say that the articles and accused were entrusted to the Excise Guard.

(3.) Pw5 was the Excise Inspector of Nilambur Excise Range at the relevant time. When he came to the office at 8 a.m, a Guard by name Venugopalan who had received the articles on the previous day handed over the same to PW5 who registered crime as per Ext.P4 occurrence report. He prepared Ext.P5 property list and Ext.P6 forwarding note and had the accused as well as the contraband articles seized produced before court.