SURENDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant stands convicted in S.C.No.755 of 2003, Additional Sessions Judge, Fast Track Court-I, Alapuzha for offence punishable under Section 55(g) of the Abkari Act, and sentence to undergo rigorous imprisonment for two years and imposed fine of Rs.1,00,000/- (Rupees One Lakh only) and in default to undergo simple imprisonment for a period of six months.

(2.) The prosecution allegation was that on 01.08.1998, while PW5, the Excise Range Inspector attached to the Excise Enforcement and Anti- Narcotic Special Squad, was on a regular patrol duty, he got secret information that, arrack was being distilled at the house of the accused. He went to the house of the accused along with the Excise party and conducted a search. The accused was present. In the course of search, a Can containing 22 litres was found on the south east corner of the extreme eastern room of the house. The Can contained 22 litres of liquid which on verification was found to be wash. Formalities were completed and separation of samples were done and the accused was arrested. Contemporaneous documents which were the mahazar, search list and search memo were prepared. Thereafter, the accused was arrested and produced before PW1. He was the Assistant Excise Inspector registered Ext.P1 crime and occurrence report. Investigation was conducted by the PW6 the Excise Inspector, who after completion of the investigation laid charge.

(3.) Accused faced the trial since he pleaded not guilty. On the side of the prosecution PW1 to PW8 were examined and Exts.P1 to P8(a) were marked. MO1 was identified. On the side of the accused, he himself was examined as DW1. On an evaluation of the entire evidence, the Court below arrived at a conclusion that the prosecution has succeeded in proving the search and seizure and that wash was recovered from the physical possession of the accused. He was thereafter convicted and sentenced. This judgment and conviction is assailed in the appeal.