KUMARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the sole accused in S.C.No.581/2007 on the file of the Additional Sessions Court (Adhoc)-I, Thrissur, who was found guilty of having committed the offence punishable under Sections 8(1)and (2)of the Abkari Act and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.1,00,000/- with a default sentence of two months simple imprisonment.

(2.) The facts in brief are thus: On 26.07.2004 at about 6.30 PM, the Preventive Officers, PW1 and PW2 attached to the Pazhayannur Excise Range intercepted the accused carrying a white can of five litre capacity under suspicious circumstances. The can contained three litres of liquor, which the officials were convinced as illicit arrack. Sample was drawn from the contraband, sealed and labelled in the presence of PW3 and PW4 independent witnesses and Ext.P1 seizure mahazar was prepared. The accused was brought to the Excise Office and PW6 the Excise Inspector registered Ext.P5 crime and occurrence report. The case was investigated by PW5 the Excise Inspector of Pazhayannur Range and who submitted the final report. The contraband was produced before the jurisdictional Magistrate as per Ext.P7 property list together with ExtP8 forwarding note. Ext.P4 is the sketch; while Ext.P9 is the scene mahazar pertaining to the scene of occurrence. The statement of PW3 and PW4 were recorded by the investigating officer as per Exts.P2 and P3 respectively. The sample drawn from the illicit arrack was sent for chemical examination. The Chemical Examiner's report confirms that the sample contained ethyl alcohol.

(3.) On the basis of the evidence adduced before the Court, the trial Judge found the accused guilty and convicted him as stated above. Aggrieved by his conviction, the appellant impugns the judgment of the Court below.