K V PRASAD S/O KRISHNAN Vs. STATE

JUDGEMENT

(1.) The accused was prosecuted for the offence punishable under Section 8(1) and (2) of the Abkari Act. He was found guilty and accordingly, he was convicted and sentenced to suffer rigorous imprisonment for one year and to pay a fine of 1 lakh with a default clause of three months.

(2.) The incident in this case said to have occurred on 26.04.1999. PW1 was the Preventive Officer attached to Excise Range Office, Hosdurg and PW2 was another Preventive Officer attached to the same office. While they along with other officers were on routine patrol duty, they happened to come across the accused carrying a can. When he saw the excise officials he became panicky and tried to escape. He was intercepted and the can was seized. On examination, it was found to contain arrack. The can having a capacity of 5 litres contained 4 litres of arrack. PW1 took a sample of the same and arrested the accused after preparing Ext.P1 arrest memo. He says that after the sample was prepared, it was sealed and labelled. The label contained the signature of the accused, PW1 and the date, time etc.. He prepared Ext.P2 mahazar at the place. He returned to the Range Office with the accused, contraband articles and the documents. PW5, at the relevant time was the Excise Range Inspector of Hosdurg. The records, the accused and article seized by PW1 were produced before him and he prepared Ext.P3 occurrence report. He prepared the property list Ext.P4 and sent it to court. He also prepared Ext.P5 forwarding note and obtained Ext.P6 Chemical Analysis Report. The investigation was conducted by one Krishnan who is no more. PW5 says that he had taken statements of witnesses and he filed the final report.

(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, Kasargod under Section 209 of Cr.P.C. after following the necessary procedures. The said court made over the case to Additional Sessions Court, (Ad hoc) II, Kasargod for trial and disposal.