Discrepancies in legal documentation do not automatically negate evidence of guilt, especially when supported by eyewitness accounts.

J U D G M E N T

This is an appeal preferred against the conviction and sentence dated 19.6.2008 made in SC 32/2006 on the file of the Court of Additional Sessions Judge, Fast Track Court II, Palakkad. The conviction is under Section 8 (1) and (2) of the Abkari Act and sentenced to undergo simple imprisonment for one year and to pay a fine of Rs.1 lakh with default simple imprisonment for three months.

2. The facts relevant for consideration of this appeal is as follows:

On 1.12.2003 at about 4 p.m. the accused was found in possession of 3 ltrs of arrack in a 5 ltr. capacity cannas at Mallankunnu Desom of Nochur in Tarur Village. The prosecution altogether examined six witnesses and Exts.P1 to P9 were marked. MO1 was also marked. After appreciating the evidence, the court below convicted and sentenced the accused as stated above.

3. When the appeal came up for hearing, the learned counsel appearing for the appellant submitted before me that here is a false case foisted against the appellant due to animosity of the officials. It is the submission that the falsity of the case will be evident on mere looking the arrest memo, crime and occurrence report and the evidence of the witnesses as well as the scene mahazar. The point highlighted by the learned counsel is that the scene mahazar is a document believed to be prepared by the detecting officer simultaneously with the detection of the offence. As per the said documents, it can be seen that it was prepared at 4.15 pm on 1.12.2003. But as per the arrest memo, crime and occurrence report and the evidence of official witnesses, the arrest and detection was at 4 pm. There can be only one possibility i.e. either the evidence regarding the arrest will be true or the entry of time in the scene mahazar will be true. If the time shown in the seizure mahazar is correct then the evidence regarding the arrest will go. If the time shown in the arrest memo and crime and occurrence report are correct, then the seizure mahazar was not prepared at the time of arrest but only subsequently. If that is so, what all things stated therein cannot be considered for a conviction. It is the submission that if this aspect is viewed in either way benefit of doubt can be extended to the appellant herein and he is entitled for an acquittal.

4. I have very carefully examined the documents and the evidence in this case. PW1 is the Excise Inspector who detected the crime. He deposed before the court that he saw the accused with a black can and accused was intercepted and found that the can contained arrack and thereon he was arrested. He deposed the time as 4 pm. He marked the arrest memo as Ext.P1. He deposed that he had lifted 30 ml. sample from the contraband. He also deposed that he sealed the sample as well as the can. He categorically deposed that at 4.15 p.m he prepared the mahazar and the mahazar is marked as Ext.P2. The occurrence report is marked as Ext.P3 and the alleged intimation of arrest is marked as Ext.P4. The can is identified as MO1. PW2 is the Preventive Officer attached to the Alathur Circle Office. He also supported the evidence of PW1. PW3 turned hostile. PW4 is the Excise Inspector who registered the crime and marked the crime and occurrence report as Ext.P5 and he is the person who forwarded the accused as well as the contraband to the court. The property list is marked as Ext.P6 and the forwarding note is marked as Ext.P7. PW5 is an independent witness who turned hostile. PW6 is the Excise Inspector who filed the charge.

5. In this case, I perused the property list, forwarding note as well the occurrence report. All these documents reached the court promptly. Under such circumstances, it cannot be said that only because in the seizure mahazar, time is shown as 4.15 pm., the whole prosecution case is under suspicion. It can be seen that as per the occurrence report and the arrest memo and further as per the evidence of PW1 regarding the arrest the arrest took place at 4 pm. According to PW