PURUSHOTHAMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused was prosecuted for the offence punishable under Sections 8(1) and (2) and 55(a) of Abkari Act. He was found guilty and was therefore convicted and sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs.1 lakh with default clause of rigorous imprisonment for three months. Set off as per law was allowed.

(2.) According to prosecution case, on 06.10.2002, while PW1 was working as Preventive Officer at Mavelikkara Excise Range Office, he set out for routine patrol duty along with other officers. While they had reached the Panchayath road leading to Adoor, about 50 metres from M.S. Bricks, accused was seen coming along with a black can. He was seen crossing the road.

(3.) Investigation of the case was done by PW5 who was the Excise Range Inspector. He recorded the statement of witnesses, obtained Ext.P6 chemical analysis report, completed the investigation and laid charge before court.