DASAN, S/O. CHANDU, KARIMBANAKANDI, PERUMANNA AMSOM DESOM Vs. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA

JUDGEMENT

(1.) The appellant is the accused in S.C. No. 258 of 2002 on the files of the court below.

(2.) The prosecution allegation is that on 19-1-1998 at about 12 noon, the appellant was found in possession of 3.5 litres of arrack in a plastic can of 10 litre capacity in contravention of the provisions of the Abkari Act.

(3.) PW1 was the Excise Preventive Officer during the relevant period. He detected the offence and arrested the accused from the spot. The contraband was also seized from the spot as per Ext. P1 mahazar. Thereafter, the accused and the contraband along with the contemporary records were taken to the Excise Office. PW5 registered Ext. P5 crime. The investigation was conducted by PW1. After completing the investigation, PW5 laid the charge before the Court.