SHIBU Vs. STATE OF KERALA

JUDGEMENT

(1.) Four persons were sought to be prosecuted for the offences punishable under Sections 55(a) and 55(g) of the Abkari Act. Among them, the second accused absconded and the trial against him could not proceed. The 4th accused was found not guilty of the charges levelled against him and was therefore acquitted. Accused Nos. 1 and 3 were found guilty of the offences alleged against them and they were directed to undergo simple imprisonment for a period of one year and to pay a fine of 1 lakh each with a default clause of three months. Set off as per law was allowed.

(2.) The incident is alleged to have taken place on 21.10.2002. While PW3 along with his colleagues were conducting patrol duty, they received reliable information that in the property of one Krishnan Nair, four persons were engaged in manufacture of illicit arrack. They reached the spot and found four persons there. Seeing the Police, one of them ran away and PW3 and party intercepted the other three persons. A tank of 500 litre capacity containing 400 litre of wash was unearthed and about 20 mts away from that tank, another tank of the same capacity containing 400 litre of wash was also unearthed. Samples were taken from the tank and balance quantity was destroyed. Materials for manufacturing illicit arrack were also seized. The investigating officer prepared mahazar and sent the samples for chemical examination. After returning to the Police Station, PW3 prepared Ext.P2 FIR, Ext.P3 property list and Ext.P4 forwarding note. Exts.P5 and P7 are the arrest memo. PW4 conducted investigation. Ext.P9 chemical analysis report was obtained which disclosed that the samples contained ethyl alcohol. After completing investigation, charge was laid before court.

(3.) Cognizance of the offence was taken by the Judicial First Class Magistrate Court - II. Thiruvanathapuram, who on finding that the offences are exclusively triable by a Court of Sessions, committed the case to Sessions Court, Thiruvananthapuram under Section 209 of Cr.P.C. The said court made over the case to Additional Sessions Court (Fast Track - III), Thiruvananthapuram for trial and disposal.