DAMODARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Two persons were prosecuted for the offence punishable under Section 55(g) of the Abkari Act. Among them, the first accused alone was found guilty. He was therefore convicted and sentenced to suffer simple imprisonment for one year and to pay a fine of 1 lakh with a default clause of simple imprisonment for a further period of one year.

(2.) According to the prosecution, on 26.02.2002, while PW3 and his team of officers were on law and order duty, he received reliable information that wash was stored in the house of the first accused. On receipt of such information, house No. VI/768 of Konnathadi Panchayat was searched. Nothing could be recovered from the house. While they inspected the surroundings of the house, they able to locate two pits. As they felt strong smell of wash, they further probed into the matter. Further search yielded 15 litres of wash. They were also able to locate an aluminium utensil. There was another aluminium vessel of 8 litres in which a pot was kept. Several other utensils were also found on the place.From the 50 litres capacity can which contained wash, 500ml was taken as sample. That is numbered as No.1. From the other can, they had also taken sample of 500ml and that is marked as No.2. PW3 returned to the Police Station along with the contraband articles and registered Crime No. 64/02 under Section 55(g) of the Kerala Abkari Act. Ext.P3 is the memo prepared at the spot. The articles seized were produced before court and a requisition was made to court to send the sample for chemical examination. Ext.P8 is the Chemical Analysis Report and Ext.P9 is the ownership certificate obtained by PW3.He completed investigation and laid charge before court.

(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, Thodupuzha under Section 209 of Cr.P.C. after following the necessary procedures. The said court made over the case to Additional Sessions Court/Special Court for NDPS Cases, Thodupuzha, for trial and disposal.