RAVEENDRAN Vs. STATE OF KERALA AND OTHERS

JUDGEMENT

(1.) As per the prosecution case, the accused, who was seen vending in liquor, was prosecuted for the offences punishable under Sections 55(a) and 8(1) & (2) of the Abkari Act. He was found guilty. He was therefore convicted and sentenced to suffer simple imprisonment for six months 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 12.06.2003, PW4 the Additional of Sub Inspector of Police of Mangalapuram Police Station, on getting information about the sale of illicit liquor, proceeded to the spot and on the way found the accused standing by the side of an electric post with a plastic bottle and glass with him. He was seen pouring the liquid into a glass and handing it over to another person. Seeing the Police Officers, except the accused, others ran away. The accused was intercepted and the bottle in his possession was seized. By taste and smell, the liquid was identified as arrack. After preparing the arrest memo, he was arrested. Ext.P1 mahazar was prepared at the spot. According to PW4, the bottle and glass were seized and sealed. Thereafter, PW4 and other officers along with the accused, contraband article and the documents returned to the Station and as per Ext.P2 FIR, registered crime against the accused. PW4 conducted investigation in the case, took statements of witnesses and he says that he filed an application before court requesting the court to take sample and have it sent for chemical analysis. The copy of the forwarding note so produced is marked as Ext.P4. After getting the Chemical Analysis Report, investigation was completed and charge was laid before court.

(3.) The court before which the final report was laid, took cognizance of the offences and finding the offences 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 District and Sessions Court, (Fast Track-I), Thiruvananthapuram, for trial and disposal.