M.R.BALAKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Does a letter given or sent to a police officer by a person after the commencement of investigation of an offence come within the interdict under Section 162(1) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code')? Answer to this question would decide the fate of this revision petition.

(2.) On 15.08.1998, the Excise Circle inspector of Excise Enforcement and Anti-narcotic Special Squad, Pathanamthitta conducted search of toddy shop No. 24/98-99 of Thiruvalla Excise Range. He seized one and a half litres of rectified spirit which was kept in the toddy shop for sale. The first accused was the salesman and the second and the third accused were the licensees of the toddy shop. They have committed an offence punishable under Section 55(i) of the Abkari Act, 1077 (for short 'the Act'). This, in short, is the substance of the prosecution case.

(3.) The three accused faced trial. The prosecution examined PW1 to PW6 and marked Exts.P1 to P9 documents and MO1 to MO3 material objects. No evidence was adduced by the accused.