PRABHAKARAN Vs. STATE OF KERALA AND OTHERS

JUDGEMENT

(1.) The accused, though charge sheeted for the offence punishable under Section 55(a) of Abkari Act, was ultimately found guilty of the offence under Section 58 of Abkari Act. He was therefore convicted and sentenced to suffer rigorous imprisonment for two years and to pay a fine of Rs.1 lakh with default clause of rigorous imprisonment for three months. Set off as per law was allowed.

(2.) The prosecution case is that on 11.07.2000, PW4, Sub Inspector of Police, Thiruvallam Police Station along with PW3 Head Constable and others, on getting reliable information about sale of illicit arrack by one Prabhakaran proceeded to the spot and found that the accused was engaged in sale of illicit arrack. In a 5 liter capacity can, they found 4 liters of arrack. They also found a glass having the smell of arrack. The accused was arrested from the spot itself. The can and the glass were seized. The amount with him was also seized. PW4 prepared Ext.P1 mahazar. Thereafter he returned to the station and as per Ext.P2 First Information Report, registered Crime No.77/2000. He produced the seized articles before court as per Ext.P5 property list. Ext.P6 is said to be the chemical analysis report received by him. He sent a requisition to the court for sending the sample for chemical analysis. He had taken the statement of witnesses, completed the investigation and laid charge before court.

(3.) The court before which charge 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 for trial of Abkari Act cases, Neyyattinkara for trial and disposal. The latter court, on receipt of records and on appearance of the accused, framed charge for the offence under Section 55(a) of Abkari Act. To the charge, accused pleaded not guilty and claimed to be tried.