BEERANKUTTY Vs. THE STATE OF KERALA

JUDGEMENT

(1.) ACCUSED in SC. No. 312/2000 on the file of the Additional Sessions Judge (Fast Track No -I), Manjeri is the appellant herein.

(2.) THE appellant was charge sheeted by the Assistant Sub Inspector of Police, Kondotty police station in Crime No. 373/1999 of that police station alleging commission of the offence under section 55(a), 55(b) and 55(g) of Abkari Act.

(3.) IT was detected by PW 1 the Sub Inspector of Police and after examination of the articles, and complying the formalities of taking sample, sealing of the same etc., he seized the articles as per Ext. P1 seizure mahazar and arrested the accused and prepared Ext. P3 arrest memo and thereafter came to the police station and prepared Ext. P2 report and registered Ext. P2(a) First Information Report as Crime No. 373/1999 of Kondotty police against the appellant. The investigation was conducted by PW 5, the Assistant Sub Inspector of Police. He went to the place of occurrence and prepared Ext. P6 scene mahazar in the presence of PW 4 and he sent Ext. P7 forwarding note with a request to send the sample for analysis and samples were sent to the chemical examiners laboratory from court and Ext. P8 chemical analysis report was obtained. The search was conducted in the presence of PW 2, the head constable accompanied PW 1 and independent witness PW 3. After completion of investigation, PW 5 filed final report before the Judicial First Class Magistrate Court, Malappuram and the learned magistrate has taken cognizance of the case as CP. No. 39/2000 and thereafter the learned magistrate committed the case to the Court of Sessions, Manjeri and the learned Sessions Judge has taken cognizance of the case as SC. No. 312/2000 and made over the case to Additional Sessions Court, (Fast Court No -I), Manjeri for disposal.