JAYAGOSH Vs. STATE OF KERALA AND OTHERS

JUDGEMENT

(1.) The accused, though prosecuted for the offences punishable under Sections 55(a) and (i) of the Abkari Act, was acquitted of the offence under Section 55(a), but was unfortunate to have been found guilty for the offence under Section 55(i) of the Abkari Act. He was therefore convicted for the said offence and sentenced to undergo rigorous imprisonment for six months 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 this case occurred on 08.11.2003. While PW3, the Sub Inspector of Police attached to Kaliyar Police Station along with his team of officers was on patrol duty, he received reliable information of illegal sale of liquor being done behind the shop of one Bava by the accused. PW3 and others reached the spot. They located the accused, who had a bag with him and on seeing the officers, he tried to make good his escape. He was effectively intercepted and the bag was examined. It was found to contain 10 bottles of Majestic XXX Rum of 375ml each and another bottle of 375ml capacity contained 100ml of liquor. An amount of 380/- was recovered from him. From behind the said shop, two empty bottles and a glass were also recovered. Two of the bottles containing 375ml of liquor was taken as sample by PW3 and sealed and they were numbered as 'S1' and 'S2' respectively. The balance contraband article was emptied into a bottle and sealed. He prepared Ext.P1 seizure mahazar. He returned to the Station along with the accused, the contraband article and the documents and registered crime No. 176/2004 as per Ext.P2 FIR. He prepared the property list which is Ext.P3 and had the accused, the articles and the documents produced before court. He then preferred a forwarding note to have the samples sent for chemical analysis which is Ext.P4. Further investigation was conducted by PW4. He obtained the Chemical Analysis Report namely, Ext.P6, 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, Thodupuzha under Section 209 of Cr.P.C. after following the necessary procedures. The said court made over the case to Additional Sessions Court (Adhoc)-II, Thodupuzha, for trial and disposal.