E C SCARIA Vs. STATE

JUDGEMENT

(1.) The accused was prosecuted for the offence punishable under Section 55(a) of Abkari Act. He was found guilty and was therefore convicted and sentenced to suffer rigorous imprisonment for six months and to pay a fine of Rs.1 lakh with default clause of rigorous imprisonment for one month. Set off as per law was allowed.

(2.) The incident in this case occurred on 03.11.2000. On that day, PW6 who was the Assistant Sub Inspector of Police attached to Chittarikkal Police Station had gone for routine patrol duty along with other officers. When they reached near 'Sakthi Tyres', they happened to see the accused coming along with a bag. Feeling suspicious, he was intercepted and the bag was seized. It was found that the bag contained 48 bottles of 375ml capacity containing Karnataka made foreign liquor. Two of the bottles were taken as sample and they were sealed and labeled. The accused was arrested and Ext.P2 seizure mahazar was prepared. He returned to the station along with the accused and the contraband articles and as per Ext.P3 First Information Report, registered crime. Ext.P4 is the property list prepared and produced before court. It is interesting to note that properties were produced before court only on 10.11.2000 while detection was on 03.11.2000.

(3.) Investigation was taken over by PW7. He was the Sub Inspector of Police of Vellarikkundu Police Station. He says that according to the instruction received from the Circle Inspector of Police, he started investigation. He went to the place of occurrence and prepared the scene mahazar Ext.P5. He recorded the statement of witnesses, prepared forwarding note, Ext.P6 for sending the sample for chemical analysis, obtained Ext.P7 report from the laboratory and completed the investigation. The charge was laid by PW3.