JAMES Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the sole accused in S.C.No.434/2005 on the file of the Additional Sessions Court (NDPS), Thodupuzha, who was found guilty for having committed the offence punishable under Sections 8(1) and (2) of the Abkari Act and sentenced to undergo simple imprisonment for four years and to a pay fine of Rs.1,00,000/-, with a default sentence of one year simple imprisonment.

(2.) The prosecution case in brief is thus: PW1, the Preventive Officer, attached to Kattappana Excise Range accompanied by PW2 the Excise Guard, were on petrol duty on 04.01.2002 at about 5.30 P.M. When they attempted to apprehend the accused, he fled away from the scene leaving behind MO2 plastic kit, containing eight bottles having a capacity of 180 ml. each of illicit arrack. Altogether he was in possession of 1.440 litres of arrack. Ext.P1 mahazar was prepared in the presence of PW3 and PW4, independent witnesses. The identity of the accused, who fled from the scene of occurrence was confirmed by the persons present at the scene. Sample was collected, sealed and labelled. The contraband arrack was brought to the Excise Office and entrusted to PW5, the Excise Inspector, Kattappana Range, who registered the crime and occurrence report, marked as Ext.P4. PW6 is the Excise Inspector, who conducted the investigation and laid the charge sheet before the Court after obtaining Ext.P7 chemical analysis report, which confirms that the liquor contains ethyl alcohol.

(3.) The argument of the learned Counsel appearing for the accused is that there is unexplained fatal delay in producing the contraband articles before the Court. Ext.P5 property list indicates that the contraband was produced before the Court only on 11.11.2002 and the delay has not been satisfactory explained by PW5, who only states that he was busy with work and hence the delay.