BALAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused, who was then 58 years of age in 2001, was prosecuted for the offence punishable under Section 8 of the Abkari Act. He was found guilty. He was therefore convicted and sentenced to suffer rigorous imprisonment for one year and to pay a fine of 1 lakh with a default clause of rigorous imprisonment for a further period of six months.

(2.) The incident in this case is said to have occurred on 10.10.2001. PW1 was then working as the Preventive Officer attached to Excise Circle Office, Alathur. He along with his team of officers had gone on routine patrol duty. While they were going along the Panchayath road near a canal at Malampuzha as they were about to pass the house of one Abookacker, they happened to see the accused coming along the road carrying a can. He was stopped and the can was seized and the contents were examined. The can contained 5 litres of arrack. A sample of 300ml was taken and that was sealed and labelled. On the label, signatures of the accused and PW1 were affixed. The mahazar prepared by PW1 is Ext.P1. The articles, the accused and the documents were entrusted to the duty officer at Alathur Excise Office. PW4, at the relevant time, was the Preventive officer attached to the Excise Range Office, Alathur. At about 7.15 p.m., PW1 is said to have come to the office and handed over the accused, the contraband seized and the records to him. He accepted the same and on that basis, registered crime as per Ext.P3 crime report. Ext.P4 is the forwarding note prepared by him and Chemical Analysis Report received by him is Ext.P5. PW5 took over investigation of the case. He recorded statements of witnesses, prepared Ext.P6 scene mahazar, 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 offence to be exclusively triable by a Court of Sessions, committed the case to Sessions Court, Palakkad 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-I, Palakkad for trial and disposal.