PRAKASH Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an appeal preferred under Section 374(2) of the Criminal Procedure Code, hereinafter referred to as the Code, challenging the legality and correctness of the judgment passed by the learned Additional Sessions Judge, Fast Track (Ad hoc-I), Thodupuzha in S.C.No.144/2004 dated 04.06.2005. The prosecution allegation can be summarised as follows: On 10.02.2003, CW1 Sub Inspector of Police, Murikkassery and party were on night patrol duty; at 11.00 P.M. while they were standing at the junction at Perunthotti, a jeep bearing No.KL-7/M-7110 came from Prakash area to Thopramkudi in a high speed. When the Sub Inspector signalled to stop the vehicle, that was not obeyed and the vehicle proceeded towards Perunthottikkara. The Sub Inspector and party chased the vehicle in their jeep, but it did not stop, then it turned right from Perunthottikkara junction towards Marygiri road. After about 2kms, at Thankamani village in Marygiri kara, it again turned towards Kuppachampadi area and stopped at the courtyard of the residence of CW4 with house No.III/180 of Kamakshi panchayat. On the way the police party could see that some liquid stocked in the jeep was poured out from the containers and then they could smell that they were transporting illicit arrack. At the courtyard of the said house, when the jeep stopped, other persons who were travelling in the jeep, except accused No.1, accused Nos.2 to 5, got out of the vehicle and ran away and they could not be arrested. But the first accused, the driver of the jeep, was arrested from the spot; they could see two big plastic cans of 25 ltrs. and 10 ltrs. In the first can, i.e. 25 ltrs capacity, there was arrack of about 3 ltrs. and in the 10 ltr. can also some arrack could be detected, from which samples were collected. The first accused was arrested from the spot and the items including the jeep were seized under a mahazar and the police party went back to the police station and crime 19/2003 was registered suo motu, by the Sub Inspector.

(2.) There were 8 accused in the charge sheet. The allegation is that the arrack carried by accused 1 to 5 in the jeep were collected from accused Nos.6 and 7, that it was transported in the said jeep for the purpose of sale to the 8th accused. The allegation against accused Nos.1 to 5 is that they had illegally carried arrack with them and thus offence punishable under Section 8(1) and (2) of the Abkari Act was alleged against them.

(3.) On completion of investigation, the charge sheet was laid before the Judicial First Class Magistrate Court, Idukki, where CP.41/2003 was registered. After completing the procedural formalities the case was committed to the Sessions Court, Thodupuzha since it is a case triable exclusively by a court of session from where the matter was made over to the trial court. On the basis of the summons issued, all the accused appeared before the court and were being defended by counsel of their choice. After hearing counsel on both sides, when the charge was framed, read over and explained, all the accused pleaded not guilty. All of them were on bail.