CHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Dated this the 12th day of March 2020 The sole accused in SC No.134/2002 on the file of the Additional Sessions Judge, Fast Track (Adhoc 1), Kozhikkode challenges his conviction and sentence for offence punishable under Section 55(a) of the Abkari Act in a case charge-sheeted against him by the Excise range Inspector, Koyilandy before the Judicial First Class Magistrate Court, Koyilandy. After the trial of the accused, he was sentenced to undergo rigorous imprisonment for 2 1/2 years and to pay a fine of Rs.1,00,000/- followed by default sentence of rigorous imprisonment for another six months.

(2.) The prosecution case against him is that, on 05.08.1997 at 8 a.m, the Excise party consisting of PW1, the Preventive Officer, PW2, the Excise Guard of Excise Circle, Permbra found the appellant to possess arrack in MO1 Can of 10 litres being transported in a cycle kept on the carrier concealed in MO2 plastic sack. It is said that in the presence of independent witness, the appellant was intercepted and the contents in the Can were examined and found to be arrack. 180 ml of sample was taken in a bottle and the appellant was instantaneously arrested on the spot itself. The labels and seals were affixed on the sample bottle as well as the Can, in accordance with law. Evidencing all these facts, PW1, the Detecting Officer prepared Ext.P2 seizure mahazar. Evidencing arrest, Ext.P1 arrest memo was also prepared by him. The thondi articles and the appellant were then taken to Excise Range Office, Koyilandy and produced before the Excise Inspector, Sri.R.Mohanan, who registered Ext.P3 crime and occurrence report. He produced the appellant under remand report and MOs 1 and 2 incorporated in Ext.P4 property list before the trial court. Later, when the trial of the case commenced, Sri.R.Mohanan was reported dead. PW3, the successor Excise Inspector took over the investigation in the case and submitted final report before the JFCM, Koyilandy, from where the case was committed to the Court of Sessions, Kozhikode for trial.

(3.) When the case was made over the Additional Sessions Judge, Fast Tract, (Adhoc 1) Kozhikode, charge was framed against the appellant for offence punishable under Section 55 (a) of the Abkari Act and on denying the charge, trial commenced.