SURESH 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 simple imprisonment for a further period of two years. Set off as per law was allowed.

(2.) The incident in this case occurred on 31.01.2000. On that day, PW1 was working as the Assistant Excise Inspector of Adoor Excise Range. Under his leadership, officers of Excise Department had gone on routine patrol duty including PW2. While they were patrolling at Puthusseribhagam, the accused was seen coming on a bicycle. He was asked to stop and got down from the cycle. When the accused came near the Excise Officers, strong smell of alcohol came from him. He tried to run away from the place and when the officers attempted to prevent him from doing so, a packet fell from his waist. There was a sack being carried on in the bicycle. It was opened and it was found to contain a can of 10 litres capacity. It contained some sort of a liquid. By taste and smell, the liquid was identified as arrack. A sample of 180ml was taken in a bottle of 375ml capacity. The sample and the balance contraband article were sealed and labelled. The sack and the chappals left behind by the accused were also taken into custody and they were also labelled. Ext.P1 mahazar was prepared at the spot. PW1 then returned to the Excise Range Office and entrusted the accused, documents and the contraband article to the said office. PW5 received the documents and the accused. On the basis of those materials, registered crime No. 21/2000 as per Ext.P4 occurrence report. PW5 prepared the property list and prepared a requisition for sending the sample for chemical analysis. Ext.P5 is the report. Ext.P6 is the list of property and Ext.P7 is the requisition for chemical examination. Certificate obtained from the chemical analyst is Ext.P11. The accused was subsequently arrested. PW6 then took over investigation. He recorded statements of witnesses, completed 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, Pathanamthitta, under Section 209 of Cr.P.C. after following the necessary procedures. The said court made over the case to Additional District & Sessions Court (Adhoc), Fast Track-I, Pathanamthitta, for trial and disposal.