In Re: Abbas Saheb

Kunhamed Kutti, J.—The Petitioner Abbas Saheb has been convicted and sentenced to three months rigorous imprisonment and a fine of

Rs. 5 by the Sub-Magistrate of Ami for having been found in his possession four gallons of arrack near the Municipal Park at Ami at 1-30 p.m. on

13th April 1963.

The only witness who speaks to the prosecution case in the Sub-Inspector of Police who is said to have seized the contraband when he was on

a prohibition raid along with his subordinate officers. The time and the place at which the contraband was seized were, however, such that there

should have been several persons available to witness the seizure. P.W. 1 would have it that there was no one available and that for this reason he

also could not prepare any mahazar for the seizure. In the peculiar circumstances of this case I find it difficult to accept this story.

The plea of the Petitioner is that since he happened to be a witness in another prohibition case against one Arjunan, P.W. 1 foisted this case on

him out of spite. Whatever be the truth of this plea I feel little doubt that this is a case where witnesses should have been available to witness the

seizure at the place where from the contraband was seized and that if seizure were genuine, P.W. 1 would have cared to get the attestation of

witnesses. Since that has not been done, this, in my opinion, is a case where the Petitioner is entitled at least to the benefit of doubt. He is,

accordingly, acquitted giving the benefit of doubt. The fine, if recovered, will be refunded to him.