VELUKKAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused, who was prosecuted for the offence punishable under Section 8(1)and (2) of the Abkari Act was found guilty of the offence punishable under Section 55(a) of the Abkari Act and was convicted and sentenced to suffer rigorous imprisonment for one year and to pay a fine of 1 lakh with default clause of three months simple imprisonment. Set off as per law was allowed.

(2.) The incident, according to the prosecution, is alleged to have taken place on 27.12.2002. PW1, at the relevant time was working as the Preventive Officer in Excise Enforcement and Anti-Narcotic Special Squad of Wayanad District. At about 4.00 p.m., on that day, while he was on patrol duty along with other officers, he received information that in front of the well of Grama Panchayath near the Paniya Colony, the accused was engaged in the sale of illicit liquor. When they reached near the well, a person carrying a can was seen standing near the well and as soon as he noticed the officers of the Excise Department, he tried to make good his escape. His escape was effectively prevented and the article was seized. His can had a capacity of 2= litres in which some liquid was found by PW1. By smell and taste of the contraband article, it was revealed that, that was arrack. As per Ext.P1 arrest memo, the accused was arrested. A sample was taken by PW1 and that was sealed and label was affixed containing the signature of the accused, witnesses and PW1. The balance quantity was also sealed and labelled as above. PW1 entrusted the accused and the seized articles with the Manathavady Excise Range Officer. PW5, the Excise Range Officer to whom the accused and the articles were entrusted, registered Crime No. 29/02 as per Ext.P3 occurrence report. He claims that the articles and accused were produced before the court on the very next day and Ext.P4 is the property list. He prepared forwarding note which is marked as Ext.P5. PW6, the preventive officer at Excise Range Office, Mananthavady as per the direction of the superior officer took over investigation of the case on 31.01.2003. He recorded statement of witness and prepared the scene mahazar, Ext.P6. His successor in office PW7 verified the records, obtained Ext.P7 chemical analysis report and laid charge before court.

(3.) The court before which the final report was laid, took cognizance of the offence. Finding that the offence is exclusively triable by a Court of Sessions, the said court committed the case to the Sessions Court, Kalpetta under Section 209 of Cr.P.C. The Sessions Court, made over the case to Additional Sessions Court (Ad hoc)-I, Kalpetta, for trial and disposal.