MUTHU KUMARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused was prosecuted for the offence punishable under Section 55(g) of the Abkari Act. He was found guilty and therefore, he was convicted and sentenced to suffer rigorous imprisonment for three years and to pay a fine of 1 lakh with a default clause of six months.

(2.) PW1 at the relevant time was functioning as the Excise Range Preventive Officer at Agaly. On 20.06.2000 while he was on patrol duty, when he reached near the house one Nadarajan, he happened to see the accused standing with a jar on the bank of a canal. The jar was seized and it was found to contain 15 litres of wash. PW1 claims to have taken 500ml of sample and sealed and labelled the same. The label contained the signature of the accused, PW1 and the witnesses. PW1 would say that the rest of contraband article was destroyed at the place itself. Ext.P1 is the mahazar prepared by him and Ext.P2 is the arrest memo. He also stated that the jar was also sealed and labelled. It contained the signature of the accused, witnesses and himself. He returned to the Police Station and prepared Ext.P3 occurrence report. He produced the articles before court on 26.06.2000. He prepared Ext.P4 forwarding note and obtained Ext.P5 certificate. Ext.P6 is the scene mahazar prepared by him. After completing investigation, charge was laid 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, Palakkad under Section 209 of Cr.P.C. after following the necessary procedure. The said court made over the case to Additional Sessions Court, Fast Track-I, Palakkad for trial and disposal.