REYNI @ GILBERT Vs. STATE - EXCISE INSPECTOR

JUDGEMENT

(1.) The appellant is the accused in S.C.No.460 of 2006 of the Additional Sessions Court (Adhoc-II), Kalpetta, who stands convicted under Section 8(2) of the Abkari Act and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 1,00,000/-, in default to undergo rigorous imprisonment for three more months.

(2.) The prosecution case is that on 23.01.2006, after 8.45 a.m., the accused was found in possession of 5 litres of arrack at a place called Kadachikkunnu, in contravention of the provisions of the Abkari Act.

(3.) The offence was detected by PW-1, Preventive Officer of Excise, Kalpetta Excise Range. He placed the accused under arrest through Exhibit-P1 arrest memo. A sample of 200 ml of arrack was drawn. The contraband and the sample were seized through Exhibit-P2 mahazar. The accused along with the contraband, sample and the records were produced before PW-6, Excise Inspector, Kalpetta on the same day. He registered C.R.No.3 of 2006 through Exhibit- P5 crime and occurrence report. On the same day, he produced the accused along with the contraband and the sample before court. Exhibit-P6 is the property list. He furnished the forwarding note, the copy of which is Exhibit-P7. PW-5, Excise Inspector, Kalpetta, conducted the investigation. On getting Exhibit-P4 certificate of chemical analysis, he filed the complaint.