(1.) The accused was prosecuted for the offences 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 one year 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 prosecution case is that while PW1 was functioning as Preventive Officer, Mavelikkara Excise Circle Office, he along with other officers including PW2 had set out for routine patrol duty and when they were about to reach the house of one Deepalayam Krishna Pillai, they happened to see the accused coming along holding a bag in his right hand. Seeing the Excise Officers, he tried to conceal himself. He was intercepted and the bag was seized. On opening the same, it was found to contain a plastic bottle of 1= litres capacity containing some sort of liquid. PW1 opened the same and by taste and smell, the contents were identified as arrack. The accused was arrested and a sample of 200ml in a bottle of 375 ml capacity was taken. That was sealed and labeled. He also prepared Ext.P1 mahazar. He then says that he took the article and accused to the Mavelikkara Range Office and entrusted the same to PW4.
(3.) Pw4 was functioning as Assistant Excise Inspector. He was in charge of office on that day. He says that he received the accused, contraband articles and records relating to Crime No.1/2002 detected by PW1 and he would say that based on the occurrence report Ext.P2, he had the accused produced before court along with list of property Ext.P3. He had also made a requisition to the court for sending the sample for chemical analysis. The forwarding note is Ext.P4.
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