KUNCHAPPU Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused was prosecuted for the offences punishable under Sections 55(g) and 8(2) of the Abkari Act. He was found guilty. He was therefore 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 further period of four months. Set off as per law was allowed.

(2.) The incident in this case is said to have occurred on 12.09.1999 when the accused was of 85 years of age. According to PW1, he along with PW3 and other officers had gone on routine patrol duty. While they were engaged in their duty, they got reliable information that the accused was keeping wash. With two independent witnesses, he went to the place where the accused resided and the accused was in his house. On examining the compound of the house of the accused, from the south-western side of the house, among the twining plants, two plastic pots were seized. They were opened and PW1 was convinced that it was wash. One litre from each of the pots was taken as sample and it was labelled and sealed. Rest of the wash was destroyed on the spot. Ext.P1 is the mahazar prepared by him. He returned to the station and on the basis of the records available, he registered crime as per Ext.P3(a).

(3.) The court before which the final report was laid, took cognizance of the offence and finding the offences 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-II, Palakkad, for trial and disposal.