JAYAPRAKASH Vs. STATE OF KERALA

JUDGEMENT

(1.) Two persons were prosecuted for the offence punishable under Section 55(a) of the Abkari Act. Both of them were found guilty and therefore, they were convicted and sentenced to suffer rigorous imprisonment for one year and to pay a fine of 1 lakh and default of payment of which, they have to suffer simple imprisonment for a period of three months.

(2.) The prosecution case is that on 9.10.2003, while PWs 1 and 3 were on patrol duty, they happened to see an autorikshaw coming through the Kolppadam-Kanjiram road. PW1 asked them to stop the vehicle. The allegation is that when the Police Officers went near the autorikshaw, the driver of the autorikshaw, who was A1, the passenger, who was A2, tried to escape from the place. They were intercepted. The autorikshaw was found to contain a can containing 5 litres of arrack kept on the rear seat. PW1 claims to have taken two samples of 375ml each from the can and prepared Ext.P1 mahazar. He arrested the accused as per Ext.P2 arrest memo. He returned to the Police Station with accused and contraband articles and registered crime as per Ext.P3 FIR. The property was produced before the court on the very next day. Investigation was taken over by PW3, who is the Assistant Sub Inspector of Police. As per his forwarding note, the chemical analysis reports were obtained and they were marked as Exts. P4 and P5. He prepared Ext.P6 scene mahazar and after completing investigation, laid charge before the court.

(3.) The Judicial First Class Magistrate Court, Mannarkkad before whom the final report was laid, took cognizance of the offence. Finding that the offence is exclusively triable by a Court of Sessions, after following the necessary procedures, committed the case to the Sessions Court, Palakkad under Section 209 of the Cr.P.C. The said court made over the case to Additional Sessions Court, Fast Track - I, Palakkad for trial and disposal.