J U D G M E N T

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Appellant is the accused in SC No.372/2006 of the Additional Sessions Court, Adhoc-II, Thalassery, who stands convicted under Section 55 (a) of the Abkari Act and sentenced to undergo rigorous imprisonment for two years and to pay a fine of ₹1 lakh, in default to undergo rigorous imprisonment for one more year.

2. The prosecution case is that on 18.11.2004 at

5.30 p.m. the appellant was found in possession of 10 bottles each containing 180 ml. of Indian Made Foreign Liquor, in contravention of the provisions of the Abkari Act .

3. The offence was detected by PW1, Excise Inspector of the Kannur Excise Range. He seized the contraband through Ext.P1 mahazar and placed the accused under arrest through Ext.P2 arrest memo. One bottle was taken as sample. He registered Ext.P4 crime and occurrence report. The scooter in which the accused had kept the contraband, the contraband, sample and the accused were produced before court on 19.11.2004. On getting the scooter and the balance contraband returned, the same were produced before the Assistant Excise Commissioner. Inventory was prepared. On getting Ext.P7 certificate of chemical analysis, which shows that th