JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused was prosecuted for the offences punishable under Sections 55(a) and 8(2) of the Abkari Act. He was found guilty. He was therefore convicted and sentenced to suffer rigorous imprisonment for three years and to pay a fine of 1 lakh with a default clause of rigorous imprisonment for a further period of one year. Set off as per law was allowed.

(2.) The incident which gave rise to this case occurred on 05.06.2002. PW3 was then functioning as the Assistant Sub Inspector of Police, Nayyardam Police Station. On that day, he along with his team of officers had gone on patrol duty as per the instructions given by the Circle Inspector. When they reached near the Puravimalakalam, they got reliable information that wash has been concealed in the compound of Joseph. The team went to the rubber plantation of said Joseph.When they reached the place, they found a person running away carrying a blue can with him. He was followed by the Police Officer, but he threw away the can and jumped into the dam. The can was retrieved and on examination of the contents, it was found to contain 20 litres of arrack. A sample was taken in a bottle of 375ml capacity and it was sealed. On examination of the surroundings of the compound, they were able to unearth about 10 pots containing wash. PW3 claims to have prepared Ext.P2 seizure mahazar and he claimed that the sample was sealed and labelled at the place and a report was drawn up namely Ext.P3. He returned to the Police Station and handed over the contraband article and the documents to the SI of Police Station concerned. PW6 was the Sub Inspector of Police before whom the articles and the documents were produced by PW3. He accepted the same. Based on the available documents, he registered crime as per Ext.P7 FIR. The property was sent to court. Ext.P8 is the property list. He also made a forwarding note to send the sample for chemical examination and it is marked as Ext.P9. He recorded statements of witnesses. Further investigation was done by PW4. He obtained the chemical analysis report, 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 offences 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 District & Sessions Court, Fast Track-I, Thiruvananthapuram, for trial and disposal.