GEORGE, S/O MANAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused was prosecuted for the offence punishable under Section 58 of the Abkari Act. He was found guilty and therefore, 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 rigorous imprisonment.

(2.) The incident in this case is said to have occurred on 20.11.1997. On that day, PWs 2 and 4 headed by PW3 were on patrol duty and they found the accused coming in the opposite side carrying a can with him. Feeling suspicious, he was intercepted and the can was examined.

(3.) The court before which the final report was laid, took cognizance of the offence, but finding the offence to be exclusively triable by a Court of Sessions, committed the case to Sessions Court, Thiruvananthapuram under Section 209 Cr.P.C.. The said court made over the case to Additional Sessions Court, Neyyattinkara for trial and disposal.