This is an appeal challenging the conviction and sentence under Section 55(a) of Kerala Abkari Act (“the Act”) in S.C. No. 238/2001 of the Court of Session, Wayanad. The appellant faced prosecution before the learned Additional Sessions Judge (Adhoc-II), Kalpetta on the allegation that at about 5.50 p.m. on 04.02.2000, he was found possessing and transporting some quantity of arrack in the KSRTC Bus No. KL 153667. The offence was detected by an Assistant Excise Inspector of the Sulthan Bathery Excise Range during his usual vehicle checking. When he intercepted the bus, and made an inspection inside the bus, he saw some packets of arrack being carried by the accused. He arrested the accused on the spot in the presence of witnesses including the bus conductor, and seized the contraband articles. He himself registered a crime at the Excise Check Post, and he produced the accused and the properties at the Excise Range Office where an Excise Inspector re-registered the crime. Another Excise Inspector took over investigation after one and half years, and he submitted final report in Court.
