K.K.TOJO Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) The revision petitioner was the accused in SC No.579 of 2009 on the file of the Principal Assistant Sessions Court, Kozhikode and the appellant in Crl.Appeal No.280 of 2012 on the file of the Court of Session, Kozhikode Division. The offence alleged against the accused is punishable under Section 8 (2) of the Kerala Abkari Act.

(2.) The prosecution case in brief is that, on 01.04.2009 at 1.00 a.m, Pw4, the Sub Inspector of Police Thiruvambady Police Station and party were on night patrol duty within the jurisdiction of Thiruvambady Police Station and while so, they saw a motorcycle bearing registration No.KL 11/N 9697 coming from Pulloorambara side. The 1st accused was riding the motorcycle and the 2nd accused was in its pillion holding MO2 plastic bag containing MO1 Can. On suspicion, PW4 intercepted the motorcycle on the public road infront of "Jose Brothers Textiles" at Thiruvambady and questioned the 2nd accused touching MOs 1 and 2. The 2nd accused replied that the plastic bag contained some house hold articles. On examination of the plastic bag, it was found that MO2 plastic Can containing seven liters of arrack was concealed in MO1 plastic bag. Thereupon, both the accused were arrested in accordance with law. Ext.P1 seizure mahazar was prepared, brought them to the police station where PW4 registered Ext.P5 FIR for the offence punishable under Section 55( a) of the Abkari Act. Thereafter, PW4 questioned the witnesses, conducted investigation, completed formalities and filed final report before the Judicial First Class Magistrate Court-III, Kozhikode.

(3.) On committal, the case was transferred to the Principal Assistant Session Court, Kozhikode for trial and disposal. On the appearance of the accused, after having heard both sides, trial court framed charge against the accused under Section 8(1) and (2) of the Abkari Act. Charge was read over to which the accused pleaded not guilty.