RAVI. P.T. Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the accused in S.C.596/2011 on the files of the court below.

(2.) The prosecution allegation is that on 17.04.2008 at about 3 pm, the appellant was found in possession of 5.670 litres of Indian Made Foreign Liquor in a KSRTC bus bearing registration No.KL15-6532, in contravention of the provisions of the Abkari Act. It is further alleged that the said contraband articles were imported by the appellant into the State of Kerala from Mahi.

(3.) The offence was detected by PW1, who was the then Preventive officer of the Excise Range Vatakara. When the above said KSRTC bus was checked, the appellant was found in possession of six bottles of Indian Made Foreign Liquor, each bottle having a capacity of 375 ml each and 19 bottles of Indian Made Foreign Liquor, each bottle having a capacity of 180 ml each in a bag, in contravention of the provisions of the Abkari Act. The appellant was arrested from the spot and the contraband articles were also seized as per Ext.P2 mahazar. Samples were also drawn from the contraband by PW1. Thereafter, the accused, the contraband articles and the contemporary records were produced before PW4, who in turn registered Ext.P3 crime and occurrence report. The investigation was conducted by PW5. After completing the investigation, PW5 filed the final report before the court.