T.K. HASHIM Vs. ASSISTANT SUB INSPECTOR

JUDGEMENT

(1.) The revision petitioner was convicted by the Trial Court under Section 55(a) of the Abkari Act and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 1,00,000/- with a default sentence of simple imprisonment for one year. An appeal preferred was dismissed by the learned Additional Sessions Judge (Ad hOC-1), Kasaragod, confirming the conviction passed by the Trial Court. Challenging the said judgments, the accused preferred this revision petition. The prosecution case is that on 16/08/1997, the Assistant Sub-Inspector of Police, Chandera Police Station was conducting patrol duty within his jurisdiction. When he reached at Trikaripur, the revision petitioner was found near a waiting shed at Olavara with a suitcase. He intercepted and interrogated the revision petitioner, after that he opened the suitcase in which he found 30 bottles of Karnataka made arrack each containing 180 ml. At about 4.45 p.m., the revision petitioner was arrested by the ASI and the arrack with bottles and suit case were taken into custody after preparing a mahazar. He took two samples from the bottles and reached at the Police Station, registered a crime No. 177/1997 under Section 55(a) of the Abkari Act. After completing the investigation, the Sub-Inspector of Police, Chandera Police Station laid charge.

(2.) In the Trial Court, prosecution examined PWs 1 to 4 and marked Ext. P1 to P5 and admitted MOs 1 and 2 in evidence. DW 1 was examined for defence. The incriminating circumstances brought out in evidence were denied by the revision petitioner, when he was questioned under Section 313 Cr.P.C. The learned Trial Judge convicted the accused, aggrieved by that, he preferred an appeal before Sessions Court, in which the conviction was confirmed.

(3.) The learned counsel appearing for the revision petitioner contended that the detection and arrest of the accused was made by a non-Abkari Officer, who was the Assistant Sub-Inspector of Police, Chandera Police Station. The Government from time to time had notified the officers to perform duties of Abkari Officers in which Assistant Sub-Inspector is not mentioned. Moreover, the Sub-Inspector of Police, Chandera Police Station, who verified the investigation of ASI and submitted a final report before the Court, was not examined as a witness in the Trial Court.