STATE OF KERALA Vs. NANOO VYDIAN

JUDGEMENT

(1.) This is an appeal by the State against an order of acquittal in a case charged under the Travancore Abkari Act.

(2.) The respondent accused is a registered Ayurvedic Physician having his Vaidyasala at Kallissery near Chengannur. On 3-9-1965 the Excise Inspector of Chengannur (Pw. 1) conducted a search of the Vaidyasala and recovered from there seven big bottles containing a liquid which on analysis was found to contain 11 to 12 % by volume of ethyl alcohol. He was therefore charged under S.51(a) of the Travancore Abkari Act for having been in possession of contraband liquor.

(3.) The accused does not deny the search and recovery nor does he dispute the correctness of the result of the chemical analysis. His case is that the bottles contained not contraband liquor but an Ayurvedic medicine for rheumatism which he used to sell under the name "Iron blood in Banana".