KUMAR 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 rigorous imprisonment for a further period of six months.

(2.) On 11.06.1998, PW4, the Circle Inspector of Excise along with his colleague officers had gone on routine patrol duty. When they reached a radio kiosk at Cheruppani, they happened to see the accused coming along the road carrying a white can. Feeling suspicious, he was intercepted and the can was seized. The can had a capacity of 10 litres. It contained about 5 litres of some liquid. On examination of the liquid by taste and smell, it revealed that it was arrack. Arrest memo was prepared and the accused was arrested. The can was sealed and labelled and it was seized in the presence of witnesses. The label contained the signatures of accused, witnesses and PW4. Ext.P1 is the mahazar prepared by PW4. PW5 took over investigation. He visited the place of occurrence and recorded statements of witnesses. Ext.P4 occurrence report, according to him, was prepared by another Excise Officer namely, Radhakrishnan. The said Radhakrishnan also prepared Ext.P5 property list. The forwarding note for sending the sample for chemical examination was also prepared by the said Radhakrishnan. Ext.P7 is the report so received. He completed the 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, Thiruvananthapuram 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 (Adhoc)-IV, Thiruvananthapuram, for trial and disposal.