KOMALA KUMAR Vs. STATE

JUDGEMENT

(1.) This revision petition is directed against a concurrent verdict of guilty, conviction and sentence in a prosecution under Section 58 of the Kerala Abkari Act.

(2.) The crux of the allegations against the petitioner is that on 14/12/96 when he was intercepted by an Excise party consisting of P.Ws.1 and 4, he was found to carry two bottles of illicit arrack. He was intercepted and arrested. Seizure was effected under Ext.P1 seizure mahazar. Ext.P2 occurrence report was prepared. The sample was sent to the Chemical Examiner under Ext.P3 requisition. Ext.P4 report was obtained. Thereupon, P.W.3 filed a charge sheet/final report and cognizance was taken by the learned Magistrate.

(3.) The accused denied the offence and thereupon the prosecution examined P.Ws.1 to 4 and proved Exts.P1 to P4. P.Ws.1 and 4 are the officers who detected the offence and effected seizure under Ext.P1. P.W.2 is the independent witness who admitted his signature in Ext.P1 seizure mahazar; but did not subscribe to the contents of Ext.P1. P.W.2 admitted his signature; but did not speak about the incident proper. In the course of cross-examination of the prosecution witnesses and when examined under Section 313 Cr.P.C., the accused did not advance any definite version; but resorted to a defence of total denial. He examined D.W.1.