V J THOMAS @ KUNHIKUNHU Vs. STATE

JUDGEMENT

(1.) Having found that the accused has committed the offence punishable under Section 55(g) of the Abkari Act, he was convicted and sentenced to undergo rigorous imprisonment for three months and to pay a fine of 1 lakh with a default clause of rigour imprisonment for a further period of one month.

(2.) The prosecution case against the accused is that on 18.11.2002, he was found in possession of the contraband article which was seized by PW4, who was then functioning as the Sub Inspector of Police of Chittarikkal Police Station. To be more precise, while the Police officers and his colleague officers were routine patrol duty, when they stopped at a place called, Chavaragiri, they received reliable information that the accused is engaged in manufacture of liquor. They reached near the house of the accused and parked their jeep a little distance away from the house and then began to walk from their place to the house along with two independent witnesses. From the shed near the house of the accused, PW4 happened to see the accused carrying a can having a capacity of 35 litres from one place to another. On seeing the Police Officers, he toppled the can and tried to empty it. He tried to escape from the place. He was apprehended and the can was retrieved. On retrieving the can, it was found to contain 35 litres of wash. Two samples were taken from the can in two bottles of 750ml capacity and the samples were sealed and labelled. The labels contained the signatures of the accused, PW4 and the witnesses. PW4 prepared Ext.P1 mahazar at the spot and then, after preparing a search memo and sending it to the court, they conducted a search of the house of the accused. Nothing could be recovered from the house. They returned to the Police Station and registered Crime No. 256/2002 as per Ext.P4 FIR. Property list was prepared which is Ext.P5 and the accused along with remand report was produced before court. PW4 claims to have sent a forwarding note namely, Ext.P6 to have the sample sent for chemical examination. The Chemical Analysis Report is Ext.P7. PW7 took over investigation and he drew up Ext.P9 scene mahazar. He recorded statements of witnesses and completed investigation. Pw6, who is the successor in office of PW4, laid 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, Kasaragod under Section 209 of Cr.P.C. after following the necessary procedures. The said court made over the case to Additional Sessions Court, (Adhoc-I), Kasaragod, for trial and disposal.