GOPINATHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused was prosecuted for the offence punishable under Section 8(1) and (2) of the Abkari Act. He was found guilty. Therefore, he was convicted and sentence to undergo rigorous imprisonment for three years and to pay a fine of 1 lakh with a default clause of six months. Set off as per law was allowed.

(2.) The incident is said to have occurred on 12.01.2002. At the relevant time, PW2 was functioning as the Preventive Officer attached to Mavelikkara Excise Range. He, on that day while on patrol duty along with other officers, when they reached Munnamkutty Junction, near a temple at Muttam, they found the accused coming along the road holding a 5 litre can. Feeling suspicious, they stopped the vehicle and seized the can from the accused. It was found to contain some liquid. By smell and taste, they recognized it as arrack. The accused was arrested. From the can, in a bottle having a capacity of 375ml, 200ml of arrack was taken as sample. The sample bottle, the balance contraband article and the can were sealed and labelled containing the signature of the accused, PW2 and the witnesses. Ext.P3 mahazar was prepared on the spot. They returned to the station and handed over the articles, the accused and the records to the Range Office Inspector on the very same day itself. PW1 was the Excise Inspector of Mavelikkara Excise Range at the relevant time. On 13.01.2002, at about 8.00 am, when he came to the office, the Preventive Officer attached to the said office produced the accused, the records and the articles before him and he registered crime No.6/2002 as per Ext.P1 crime and occurrence report. He prepared the requisition for sending the sample for chemical examination. Ext.P2 is the property list. He had the articles etc., produced before court on the next day itself. Investigation was completed and 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, Alappuzha under Section 209 of Cr.P.C. after following the necessary procedures. The said court made over the case to Additional Sessions Court, Fast Track-I, Alappuzha for trial and disposal.