STATE OF KERALA Vs. CHOYUNNI

JUDGEMENT

(1.) State has come up in appeal challenging an order of acquittal in a case under the Abkari Act (Act I of 1077), hereinafter called the Act. The accused, the respondent herein, was convicted by the Judicial Magistrate of I Class Ponnani, for an offence punishable under S.55(g) of the Act for having possessed fermented wash and sentenced to undergo rigorous imprisonment for 6 months and to pay a fine of Rs. 1000/- or in default to suffer rigorous imprisonment for 6 months. On appeal, the Court of Session, Manjeri, acquitted him.

(2.) The case against the accused was that on October, 25,1976 at about 5 p. m., while PW 1, Excise Inspector, and his party including PW 2, Preventive Officer, were moving round on patrol duty, they found the accused stirring wash kept in a tin at the foot of a palmyra tree at the south - western corner of Manakattu paramba belonging to one Vasudevan. PWs 1 and 2 along with the party rushed upto the place, detained the accused and on examining the place found there a tin containing about 18 litres and a plastic container containing 20 litres of fermented wash fit for illicit distillation. The accused was arrested and the contraband articles were seized, and a mahazar (Ext. P2) was prepared in the presence of two. independent witnesses, Pws 3 and 4. A sample of the wash kept in the containers was taken and sent to the Chemical Examiner. As per Ext. P1, report of the Chemical Examiner the sample contained 10.69% by volume of ethyl alcohol.

(3.) The plea of the accused was one of complete denial. He had no witness to be examined on his side.