The appellant is the accused in SC.No.650 of 2003

on the files of the Additional District and Sessions Judge

(Adhoc) Fast Track Court, Mavelikkara. This case arose out of

the final report submitted by the Excise Inspector of the

Mavelikkara Excise Rage, on completion of the investigation in

Crime No.70/2002, which was registered against the appellant

for the offences punishable under Sections 8(1), 8(2) & 55(a) of

the Kerala Abkari Act. The trial court found the appellant guilty

of the offences under Sections 8(1), 8(2) & 55(a) of the Kerala

Abkari Act and sentenced him to undergo rigorous

imprisonment for a term of 3 ½ years and to pay a fine of

Rs.1,00,000/- and in default of payment of fine, to undergo

rigorous imprisonment for a further period of one year.

2. The prosecution allegation is that on 20.03.2002,

at 8.00 a.m., CW1, the Preventive Officer, Mavelikkara Excise

Range Office and party, while on patrol duty through Vettiyar

Village, Arunootimangalam Muri to Kallumala, while travelling

through the PIP canal road, found the appellant on the southern

side of the canal road transporting illicit arrack of about 1 ½

3

litres in a 1 ½ plastic bottle, near to the culver