GOPAKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in this case who was put on trial for the offence punishable under Section 55(a) of Abkari Act was found guilty and he was therefore convicted and sentenced to suffer simple imprisonment for 6 months and to pay a fine of Rs.1 lakh with default clause of simple imprisonment for one month. Set off as per law was allowed.

(2.) The prosecution case is that on 18.07.1998, while PW3 along with PW1 and other officers were on routine patrol duty and when they were going along the Panchayath road and reached in front of the house of one Karunakaran, accused was seen coming along the road with a white can. Feeling suspicious, he was intercepted in the presence of two independent witnesses. He was carrying a can of 5 liters capacity which was seized by the Excise Officers. They examined the contents therein and found that the can had 750ml of arrack. A glass was found nearby which had the smell of arrack. They were also able to recover a bottle of 750ml containing a red colour liquid having the label Negro Lemons XXX Rum-manufactured by Bharat Industries Ltd- Nasik Bombay. By taste and smell, the officers were convinced that it was Rum. Both the can and the bottles were sealed. Ext.P1 is the mahazar prepared at the spot and that contains the signature of PW3 and the witnesses. He entrusted the accused seized articles and documents to his superior officer.

(3.) Pw4 was the Excise Inspector at the relevant time. He received the articles, accused and documents produced by PW3 before him and as per Ext.P4 occurrence report, crime was registered against the accused. He prepared the forwarding note requesting the court to sent the sample for chemical analysis. The report received is Ext.P7. He recorded the statement of witnesses, completed the investigation and laid charge before court.