MEENAKSHI Vs. EXCISE CIRCLE INSPECTOR PARUR

JUDGEMENT

(1.) Revision is directed against the judgment of Additional Sessions Judge, Paravur in Crl. A. No. 157 of 1990. The appeal was presented against the conviction and sentence entered by J.F.C.M., Paravur against revision petitioner in C.C.No.277 of 1988. PW.3, the preventive officer attached to the Excise Circle Office, Paravur and P.W.2, another preventive officer while they were in the course of patrol duty on 9-9-1988 in Kottuvally Village, saw the accused walking along a footpath holding a plastic can. She tried to run away from the place. But she was detained by the officers and the can was checked. The can was found to contain a liquid which on smelling and tasting was ascertained to be contraband arrack. The can was seized and a mahazar was prepared which was attested by P.W. 1. After enquiry, complaint was filed before court under S.50 of the Kerala Abkari Act alleging commission of offence under S.55(a) of the Act. Out of the liquid contained in the can, a portion measuring 180 ml. was taken out and sent to the Chemical Analyst which on analysis was found to contain 35.85% by volume of ethyl alcohol.

(2.) The accused pleaded not guilty to the charge. Three witnesses were examined on the side of the prosecution and Exts.P1 to P4 were marked. The Magistrate after trial found the accused guilty, convicted her and sentenced to undergo simple imprisonment for a period of six months and to pay a fine of Rs. 1000/- and in default to undergo simple imprisonment for a further period of one month. On appeal, the Additional Sessions Judge confirmed the conviction and sentence. Hence the revision.

(3.) Heard counsel for petitioner and Public Prosecutor.