T AMBU Vs. EXCISE INSPECTOR; STATE OF KERALA

JUDGEMENT

(1.) The accused was prosecuted for the offence punishable under Section 55(a) of Abkari Act. He was found guilty. Accordingly, he was convicted and sentenced to suffer simple imprisonment for two years and to pay a fine of Rs.1 lakh with default clause of simple imprisonment for six months.

(2.) As per the prosecution case, on 12.10.2000, while PW1 was working as Assistant Excise Inspector attached to Excise Range Office, Kasaragod, he along with his team of officers had gone for patrol duty. They had stopped their vehicle at a place and was walking from that place to another place. On the way, they happened to come across the accused coming with a can. Feeling suspicious, he was intercepted and the can was seized. It contained about 3 liters of arrack. Ext.P1 arrest memo was prepared and the accused was arrested. PW1 says that he took sample of 300ml in a bottle having a capacity of 375ml and sealed and labeled the same. On the label, signature of PW1, accused and the witnesses were obtained. Ext.P2 is the mahazar prepared by him. He returned to the station and registered Crime No.55/2000 under Section 55(a) of Abkari Act as per Ext.P4 occurrence report. He had the accused and the seized articles produced before court. Ext.P5 is the property list and Ext.P6 is the forwarding note submitted by him. Ext.P7 is the chemical analysis report received by him.

(3.) Investigation of the case was done by PW5. He recorded the statement of witnesses, completed the investigation and laid charge before court.