H. RAGHURAMA Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the accused in S.C.No.671/2007 of the Additional Sessions Court (Adhoc-II), Kasaragod, who stands convicted under Section 55(a) of the Abkari Act and sentenced to undergo simple imprisonment for three months and to pay a fine of 1,00,000/-, in default to undergo simple imprisonment for one more month.

(2.) The prosecution case is that on 18.09.2004 at 1.30 p.m., the accused was found transporting 27 packets, each containing 100 ml. of Karnataka made arrack, through the road junction leading to Govindapai Memorial Govt. College from Hosabattu National Highway, in contravention of the provisions of the Abkari Act.

(3.) The offence was detected by PW1 Circle Inspector of Excise, Kasaragod. He seized the contraband through Ext.P3 mahazar and he placed the accused under arrest through Ext.P1 arrest memo. He collected 290 ml. of sample from three packets. He handed over the accused, contraband, samples and records at the Excise Office, Kumbala. PW2 Excise Inspector, Kumbala registered Ext.P6 crime and occurrence report. He prepared Ext.P7 property list and produced the samples before court along with the forwarding note, the copy of which is Ext.P8. PW3 Excise Inspector, Kumbala, conducted the investigation and filed the complaint on getting Ext.P10 certificate of chemical analysis. The Assistant Excise Commissioner prepared the inventory in respect of the balance contraband and got certified the photographs from the learned Magistrate.