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The accused was prosecuted for the offence punishable under Sections 8(1) and (2) of Abkari Act. After trial, he was found guilty of the offence under Section 58 of Abkari Act and was convicted and sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs.1 lakh with default clause of simple imprisonment for three months. Set off as per law was allowed.

2. The incident which gave rise to the case occurred on 10.02.2004. On that day, PW1, the Preventive Officer under the Excise Department was set out for routine patrol duty along with other officers and when they reached Parayan colony near the house of one Kumaran, they happened to see the accused coming along the road carrying a can. He was intercepted and the can was seized and the contents were examined in the presence of independent witnesses. The can was having a capacity of 5 liters  and it was full of arrack. He took sample of 180 ml from the article in a bottle and had it sealed and labeled. The label contained the signature of accused, witnesses and PW1. Ext.P1 is the seizure mahazar prepared by him. It contains the signature of PW1 and the witnesses. They returned to the office and entrusted the accused and articles to the Preventive Officer who was in charge in the absence of Excise Inspector.