BALAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused was prosecuted for the offence punishable under Sections 8(1) and 58 of Abkari Act. He was found guilty of the offence under Sections 8(1) and (2) of Abkari Act and was therefore convicted and sentenced to suffer simple imprisonment for one year and to pay a fine of Rs.1 lakh with default clause of simple imprisonment for three months.

(2.) The incident which gave rise to the case occurred on 22.08.1997. On that day, PW4 was functioning as Circle Inspector of Thiruvananthapuram Excise Special Squad and PW2 was the Preventive Officer of the same Squad. According to PW4, while they were patrolling, when they reached near the electric transformer at Chittattumukku, they happened to see the accused coming along the road holding a white can. Seeing the Excise Officials, he became panicked and tried to withdraw. He was intercepted and the can was seized. The can had a capacity of 5 litres in which there was liquid of 3 litres quantity. By taste and smell, it was identified as arrack. The accused was arrested as per Ext.P4 arrest memo and the mahazar prepared is Ext.P1. On the articles seized, label was affixed which contains the signature of PW4, accused and the witnesses. Thereafter the accused, articles seized and the records were handed over to the Excise Inspector at Kazhakuttam. PW3 was the then Excise Inspector of Kazhakuttam office. He admits having received the articles, accused and documents brought by PW4 to his office and he received the same. On that basis, as per Ext.P2 occurrence report, he registered Crime No.63/1997. He prepared Ext.P3 property list. As part of investigation, PW5 recorded statement of CWs 3, 4 and 5 and obtained Ext.P5 chemical analysis report. Further investigation was done by PW6. He recorded the statement of CWs 1 and 2, completed investigation and laid charge before court.

(3.) The court before which final report was laid took cognizance of the offence and finding that the offence is exclusively triable by a Court of Sessions, the case was committed to Sessions Court, Thiruvananthapuram. The said court made over the case to Additional Sessions Court Fast Track-III, Thiruvananthapuram for trial and disposal. The latter court, on receipt of records and on appearance of accused, framed charge for the offence under Sections 8(1) and 58 of Abkari Act. To the charge, accused pleaded not guilty and claimed to be tried.