ROY ALIAS PALLAN ROY Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused was prosecuted for the offences punishable under Sections 55(a) & (i) of the Abkari Act. Even though he was found guilty on both counts, sentence was imposed only for the offence under Section 55(i) of the Abkari Act. He was sentenced to suffer rigorous imprisonment for one year and to pay a fine of 1 lakh with a default clause of rigorous imprisonment for a further period of one year.

(2.) Pw2 was functioning as the Sub Inspector of Kollam East Police Station. On 08.05.2001, as usual, he along with his team of officers had set out for patrol duty. When they reached near the Shaw International Hotel, they received reliable information about the accused vending in Indian Made Foreign Liquor. PW1 and his team of officers had gone out to that place and they found a person standing there with a glass in one hand and a bottle in the other hand engaged in the sale of liquor. Seeing the Police Officers, he dropped the bottle and the glass and then tried to escape from the place taking with him the big shopper bag. The Police team effectively intercepted him and the big shopper was seized from his possession. They could find bottles of Indian Made Foreign Liquor in the bag of various capacities. 15 bottles of 180ml Rum etc. were seized. They took a sample from one of the bottles and sealed and labelled the same. He was arrested at the spot and from his pocket, currency notes were recovered. The samples were sealed and labelled and so also the balance contraband article. Ext.P1 mahazar was prepared on the spot. They returned to the Station and registered crime as per Ext.P2 FIR. PW2 prepared the property list namely, Ext.P3 and on 09.05.2001, the articles seized were attempted to be produced before the court, but the court did not receive the same as it was a holiday. The articles were kept in safe custody and then the articles were produced on 29.05.2001. He made a requisition to have sample sent for chemical analysis and the certificate thus got is Ext.P4. PW3 took over investigation and prepared the scene mahazar. He recorded statement of witnesses, completed the investigation and laid charge before court.

(3.) The court before which the final report was laid, took cognizance of the offence and finding the offence to be exclusively triable by a Court of Sessions, committed the case to Sessions Court, Kollam under Section 209 of Cr.P.C. after following the necessary procedures. The said court made over the case to Additional District & Sessions Court (Adhoc)-II, Kollam for trial and disposal.