THAZHETHETHIL CHANDRAN 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 rigorous imprisonment for two years and to pay a fine of 1 lakh with a default clause of simple imprisonment for a further period of six months. Set off as per law was allowed.

(2.) The prosecution case is that on 06.10.2002, PW1 was functioning as the Preventive Officer attached to Excise Range Office, Perinthalmanna. On the day of incident, when he was on routine patrol duty, he happened to come across the accused coming with a black can. Seeing PW1, he became nervous and that caused suspicion in the mind of PW1, who approached him and seized the can. The can was found to be full of some liquid. The can was opened and by taste and smell, he identified the contents as arrack. The accused was arrested and Ext.P1 is the arrest memo. He would also say that he took a sample in a bottle of 375ml capacity. The sample and the can were separately sealed and labelled and PW1 affixed his personal seal on them. He then prepared Ext.P2 mahazar. The labels affixed on the sample and the can contained the signatures of the accused and PW1. He thereafter, took the accused and records and produced them before the Excise Inspector, Perinthalmanna. PW6 received the accused and the contraband articles presented before him and registered Crime No. 19/2002 as per Ext.P7 occurrence report. Ext.P8 is the property list prepared by him and the forwarding note prepared by him is Ext.P9. Further investigation was conducted by PW5. He recorded statement of witnesses and finally 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, Manjeri, 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 (Adhoc), Manjeri, for trial and disposal.