THANKAMANI @ MARUTHASALAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused was prosecuted for the offence punishable under Sections 8(1) and (2) of Abkari Act. After trial, he was found guilty of the offence under Section 58 of Abkari Act and was convicted and sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs.1 lakh with default clause of simple imprisonment for three months. Set off as per law was allowed.

(2.) The incident which gave rise to the case occurred on 10.02.2004. On that day, PW1, the Preventive Officer under the Excise Department was set out for routine patrol duty along with other officers and when they reached Parayan colony near the house of one Kumaran, they happened to see the accused coming along the road carrying a can. He was intercepted and the can was seized and the contents were examined in the presence of independent witnesses. The can was having a capacity of 5 liters and it was full of arrack. He took sample of 180 ml from the article in a bottle and had it sealed and labeled. The label contained the signature of accused, witnesses and PW1. Ext.P1 is the seizure mahazar prepared by him. It contains the signature of PW1 and the witnesses. They returned to the office and entrusted the accused and articles to the Preventive Officer who was in charge in the absence of Excise Inspector.

(3.) Pw4 was discharging the functions of Excise Inspector at that time. According to him, accused and documents along with the contraband articles were brought before him and he registered Crime No.4/2004 for the offence under Sections 8(1) and (2) of Abkari Act. Ext.P2 is the crime and occurrence report. He prepared the forwarding note for sending the sample for chemical analysis and obtained Ext.P3 report. Ext.P4 is the property list prepared by him.