U.K. SHARMISH Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioners were the accused 1 to 3 in SC No.56 of 2003 on the file of the Principal Assistant Sessions Court-Kozhikode and the appellant in Crl.A.No.1085 of 2008 on the file of the Additional Sessions Court, Fast Track (Adhoc I), Kozhikode. The offences alleged against the accused are punishable under Sections 8(2) and 55(a) of the Kerala Abkari Act.

(2.) The prosecution case in brief is that, on 17.06.2000, at 12.15 p.m., PW1, the Sub Inspector of Police, Nadakkavu Police Station received reliable information that the Car bearing registration No.PY- 01-H-7320 was transporting the contraband Spirit in contravention of the provisions of Abkari Act and Rules framed thereunder and accordingly, PW1 and police party proceeded to the road and stood infront of Nadakkavu Police Station. While so, they saw an Ambassador Car bearing registration No.PY-01-H-7320 coming from the northern side. On seeing the vehicle, PW7 gave signal to stop the vehicle. However, the driver of the Car did not stop the vehicle and drove away through the Kannur road. There upon, PW7 and police party chased the Car. In the meanwhile, the vehicle entered into Wayanad road and when the vehicle reached near the Victory Service Station, East Nadakkavu, the vehicle suddenly hit against a jeep and then again hit on the back of another Car. The vehicle further proceeded and hit against the compound wall of Victory Service Station causing extensive damage to the boundary wall. Thereafter, the driver of the Car and two other passengers who were travelling in the Car alighted from the Car and made an attempt to escape. The police party chased and intercepted them. By that time, smoke and flames were seen from the Car. Simultaneously, PW7 and police party noticed free flow of Spirit from the Car. Sensing danger, due intimation was given to the fire force and the firemen attached to the fire force rushed to the the scene of occurrence and extinguished the fire. On examination of the Car, PW7 and party noticed two tanks fitted beneath to the front seat and rear seat of the Car containing contraband Spirit.

(3.) During the trial of the case, PWs 1 to 10 were examined and marked Exts.P1 to P12 and MOs I to III series on the side of the prosecution. On closing the evidence of the prosecution, the accused were questioned under Section 313(1)(b) of Cr.P.C. They denied all the incriminating circumstances appearing in the evidence against them. According to the 1st accused, both the 1st and 2nd accused were residing in a temporary shed at Civil Station, Kozhikode in connection with a construction work. On 17.06.2000, both of them went to Kairaly Theatre, Kozhikode and when they were returning to Civil Station through Nadakkavu, the night patrolling policemen questioned them and directed them to show their identity card. The 1 st accused further stated that since they could not show the identity card as demanded by the police, they were brought to the Nadakkavu Police Station and initiated false and frivolous case against them. However, when the trial court called upon to enter on their evidence, no defence evidence was adduced.