KUMARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused was prosecuted for the offence punishable under Sections 8(1) and (2) of Abkari Act. He was found guilty and was therefore convicted and sentenced to suffer rigorous imprisonment for two years and to pay a fine of Rs.1 lakh with default clause of simple imprisonment for six months. Set off as per law was allowed.

(2.) The facts fall within a very narrow compass. PW1 was working as Preventive Officer attached to Excise Enforcement and Anti Narcotic Special Squad, Kozhikode. On 13.06.2002, he along with PW2 set out for patrol duty and while they were patrolling near Kothankal bus stop, they stopped their vehicle and began to walk and when they passed the shop belonging to one Sreedharan, they happened to see the accused coming along with a can of 5 litre capacity. He was intercepted and the can was seized. The can was full of some sort of liquid. By taste and smell, it was identified that the liquid was arrack. Ext.P1 is the arrest memo. Sample was taken in a bottle having a capacity of 180 ml and that was sealed and labeled. The label contained the signature of accused, PW1 and the witnesses. He then prepared Ext.P2 seizure mahazar. Then they went to the office and entrusted the accused and contraband articles to PW5 who registered crime as per Ext.P4 occurrence report. The accused was produced before court along with property list, Ext.P5 and forwarding note, Ext.P6 on 14.06.2002.

(3.) Pw6 took over investigation. He recorded the statement of witnesses, obtained chemical analysis report, Ext.P7, completed the investigation and laid charge before court.