KRISHNAN @ KAPPALANDI KRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused was prosecuted for the offence punishable under Section 8(1) & (2) of the Abkari Act. He was found guilty. He was therefore convicted and sentenced to suffer simple imprisonment for 1= years and to pay a fine of 1 lakh with a default clause of imprisonment for a further period of three months.

(2.) The incident occurred on 05.12.2003. On that day, while PW1, the Assistant Excise Inspector along with PW2 and others was on routine patrol duty, they happened to see the accused coming along the road with a plastic bag. He was intercepted and the bag was seized and it was found to contain a can of 10 litres capacity with 7 litres liquid in it. The contents were examined and it was revealed to be arrack. PW1 took 200 ml of arrack as sample in a bottle having a capacity of 375ml. The sample bottle as well as the balance contraband article was sealed and labelled as per the requisite procedures. The labels contained the signatures of the accused, witnesses and PW1. Ext.P1 mahazar was prepared at the spot and Ext.P2 is the arrest memo. PW1 claimed that he returned to the office and registered crime No. 60/2003 as per the occurrence report namely, Ext.P4. He claims to have been in charge of the Excise Inspector. On 06.02.2003, the contraband article and the accused were produced before court. The property list marked as Ext.P5 and Chemical Analysis Report is Ext.P6. PW5 took over investigation and visited the place of occurrence. He verified Chemical Analysis Report, took statements of witnesses, 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, Thiruvananthapuram under Section 209 of Cr.P.C. after following the necessary procedures. The said court made over the case to Additional Sessions Court, Fast Track-III, Thiruvananthapuram, for trial and disposal.