K. RAMACHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the accused. He was convicted for the offence punishable under Sec. 55(a) of the Abkari Act and he was sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.1,00,000.00 and in default of payment of fine, to undergo rigorous imprisonment for a period of six months.

(2.) The prosecution case is as follows: On 04.07.1999, at about 20.15 hours, while the Assistant Excise Inspector (PW1), Kasaragod Excise Range was checking vehicles on the State Highway at the place Perdalamoola in Pady Village, he gave signal to stop the autorikshaw bearing Reg.No.KL-14-7709. The autorikshaw was stopped. Then, the driver of the autorickshaw came out of the vehicle and ran away and escaped. The accused was sitting inside the autorickshaw. On conducting search of the autorickshaw, PW1 Assistant Excise Inspector found four bags, each bag containing 500 packets. Each packet contained 100 ml of liquid. The label on the packets showed that it was arrack produced in the State of Karnataka. PW1 seized the packets containing arrack and took samples and arrested the accused. It is alleged that the accused possessed, transported and imported arrack in contravention of the provisions of the Abkari Act and thereby committed an offence punishable under Sec. 55(a) of the Abkari Act.

(3.) During the trial of the case, PW1 to PW7 were examined and Exts.P1 to P7 and MO1 were marked. No evidence was adduced by the accused. The learned Additional Sessions Judge placed reliance upon the evidence regarding the occurrence given by PW1 Assistant Excise Inspector and also the Preventive Officer (PW2) who was in the excise party and found that the prosecution proved beyond reasonable doubt that the accused possessed, transported and imported arrack in contravention of the provisions of the Abkari Act and the rules made thereunder. Consequently, he was convicted and sentenced as mentioned above.