PRADEEP Vs. STATE OF KERALA

JUDGEMENT

(1.) Among the two accused, as the first accused absconded initially, the appellant, who is the second accused, stood trial for the offence punishable under Section 55(a) of the Abkari Act. He was found guilty. He was therefore convicted and sentenced to suffer rigorous imprisonment for two years and to pay a fine of 1 lakh with a default clause of simple imprisonment for a further period of three months. Set off as per law was allowed.

(2.) The incident in this case occurred on 23.05.2000. On that day PW1, the Excise Preventive Officer attached to Thamarassery Excise Range Office along with other officers, at about 2.30 in the afternoon, had set out on patrol duty. When they reached near the house of one Samikutty, they happened to see the first accused pouring some liquid from a 10 litres capacity can into a 5 litres capacity can held by the second accused. The excise party approached them and cans were seized. 10 litres can was found to contain 3 litres of arrack and 5 litres can was found to contain 2 litres of arrack. They confirmed that it was arrack by smell and taste. From each of the cans, a sample of 180ml was taken in two different bottles and samples were separately sealed and labelled. The seizure mahazar was prepared at the spot and that is Ext.P1. Ext.P3 is the arrest memo prepared by him. PW1 returned to the office and on the basis of records and materials available before him, he registered Crime No. 8/2000 as per Ext.P4 occurrence report. Both the accused were produced before court. PW5 took over investigation of the case. He had the property produced before court as per Ext.P7 property list. He prepared Ext.P8 forwarding note and had the samples sent for chemical analysis and obtained Ext.P9 report. PW4, who succeeded PW5, recorded statements of witnesses, completed 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, Kozhikode under Section 209 of Cr.P.C. after following the necessary procedures. The said court made over the case to Additional District and Sessions Court, Fast Track (Adhoc)-II, Kozhikode, for trial and disposal.