SASIDHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused was prosecuted for the offence punishable under Section 58 of the Abkari Act. He was found guilty. He was therefore convicted and sentenced to suffer rigorous imprisonment for three years and to pay a fine of 1 lakh with a default clause of rigorous imprisonment for a further period of three months.

(2.) The incident which gave rise to the case occurred on 18.11.1998. On that day, PW3, the Sub Inspector of Police, Vizhinjam Police Station along with other officers had set out on routine patrol duty. On the way, they received reliable information that the accused is carrying on illicit sale of arrack in the property belonged to one Gangadharan. They proceeded to that place and stopped their vehicle a few houses away from the property belonging to Gangadharan and walked to that place. When they reached the property of Gangadharan, they found the accused standing there with a can. On seeing the Police, he tried to make good his escape. He was intercepted. The can in his possession was seized and they found that it had capacity of 10 litres. It was opened and the contents were examined. By smell and taste, it was found to be arrack. The can contained 7 litres of arrack. They took a sample of 250 ml in a bottle having a capacity of 375ml and it was sealed and labelled in the presence of the accused. On the label, the signatures of the accused, witnesses and PW3 were affixed. The balance contraband article was also sealed and labelled. PW3 prepared Ext.P1 mahazar and then the team along with the accused, contraband articles and the documents returned to the Station. PW3 then as per Ext.P2 FIR, registered Crime No. 217/1998. He drew up the property list namely, Ext.P3 and produced the properties before the court on 19.11.1998. He claims to have prepared the forwarding note and sent it over to the court to have the sample sent for chemical analysis. The Chemical Analysis Report received by him is Ext.P5. He conducted investigation of the case, took statement 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, Thiruvananthapuram under Section 209 of Cr.P.C. after following the necessary procedures. The said court made over the case to Additional Sessions Court for Trial of Abkari Act Cases, Neyyattinkara, for trial and disposal.