M. MOHANAN S/O. KUTTIYAN Vs. STATE

JUDGEMENT

(1.) The appellant is the accused in S.C. No. 958 of 2004 on the files of the court below.

(2.) The prosecution allegation is that on 14-12-2002 at about 12.30 p.m., the appellant was found in possession of 4.3 litres of Karnataka made arrack, for the purpose of sale, in contravention of the provisions of the Abkari Act.

(3.) The offence was detected by PW1 and party. He arrested the appellant and seized the contraband as per Ext. P1 mahazar. He had also drawn the sample from the contraband. Thereafter, the contraband articles were taken to the Excise Office along with the appellant and the contemporary records and thereafter, PW1 registered Ext. P2 crime and occurrence report. The investigation was conducted by PW5 who was the Excise Inspector, Badiyadukka Excise Range. After completing the investigation, PW6 filed the final report before the court.