SADANANDAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in this case was prosecuted for the offence punishable under Section 8(1) and (2) of the Abkari Act and was found guilty of the same. He was convicted and sentenced to suffer simple imprisonment for one year and to pay a fine of 1 lakh with a default clause of simple imprisonment for a period of two months. Set off as per law was allowed.

(2.) According to the prosecution, the incident occurred on 23.02.2004 at about 7.30 p.m.. PW2 along with PW1 had gone on routine patrol duty as usual on the date of incident and when they reached near a house by name 'Sunilalayam', they received reliable information that a person was vending in illicit arrack in the property situated on the western side of 'Sunilalayam'. PW1 claims to have proceeded to the spot and found the accused sitting on the south-western side of the property and holding a can having a capacity of 1= litres. When the accused tried to escape seeing Police Party, he was successfully apprehended and the contents of the can was examined. The contents turned out to be arrack. A sample was taken by PW2 and the sample as well as the balance contraband articles were sealed and labelled in accordance with law and the accused was arrested. On the sample and the balance quantity, labels containing the signature of the accused, PW2 and the witnesses were affixed. PW2 claims to have prepared Ext.P1 mahazar on the spot. He also says that he prepared arrest memo and custody memo and a inspection memo also.

(3.) The court before which the final report was laid took cognizance of the offence. Finding that the offence is exclusively triable by a Court of Sessions, the Judicial First Class Magistrate Court concerned committed the case to Sessions Court, Alappuzha under Section 209 Cr.P.C. after following the necessary procedures. The said court made over the case to Additional Sessions Court, Fast Track-II, Alappuzha, for trial and disposal.