VIJAYAKUMARI Vs. STATE OF KERALA; EXCISE INSPECTOR

JUDGEMENT

(1.) The accused was prosecuted for the offence punishable under Sections 8(1) and (2) of Abkari Act. She was found guilty and was therefore convicted and sentenced to suffer simple imprisonment for one year and to pay a fine of Rs.1 lakh with default clause of imprisonment for three months.

(2.) The incident which gave rise to the case occurred on 14.11.1999. On that day, PWs 1 and 2, Preventive Officers of the Excise Range Office, Thiruvananthapuram along with others were on routine patrol duty. When they reached in front of Poonthura Swami Memorial Library, they happened to see the accused coming along the road carrying a can. As soon as she saw the Excise Officials, she tried to retreat. She was immediately intercepted and the can was seized. When the contents of the can was examined, it was turned out to be arrack. The can contained about 1= litres of arrack. Arrest memo was prepared and the accused was arrested. The can was sealed and a label containing the signature of PW1, accused and witnesses was affixed on the same. Ext.P1 is the mahazar prepared by PW1. PWs 1 and 2 who had detected the offence and arrested the accused, brought her to the Excise Range Office where PW4 was available. He received the accused and the articles brought along with him which was seized at the time of detection. After being convinced about the details given by PW1, Crime No.120/99 was registered as per Ext.P4 occurrence report.

(3.) Finally, PW5 took over investigation. He recorded the statement of witnesses, completed the investigation and laid charge before court.