JOY @ VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused was prosecuted for the offence punishable under Section 55(a) 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 rigorous imprisonment for a further period of three months. Set off as per law was allowed.

(2.) The prosecution case is that PWs 1 and 2, the two preventive officers attached to Sulthanbathery Excise Range along with other officers were on routine patrol duty on 23.06.2001. On that day at about 5.15 p.m., while they were going from Nambeesankavala towards Choorimala, they happened to see the accused coming out of a bush with a black can. On seeing the Excise Officials, he became panicky and he was intercepted and the can in his possession was seized. The can had a capacity of 10 litres. The content was examined. By taste and smell, it was identified as arrack. The can contained about 5 litres of the same. Arrest memo was prepared and he was arrested. PW1 in a clean dry bottle having a capacity of 375ml took 200ml of arrack as sample. The sample as well as the balance contraband articles were sealed and labelled as per the requisite procedures contemplated under law. The labels contained the signatures of PW1, the accused and the witnesses. PW1 prepared Ext.P2 mahazar on the spot itself. Thereafter, they returned to the Range Office and registered Crime No.25/2001 as per Ext.P3 occurrence report. On the date of incident, the accused and the contraband article were kept in safe custody by PW1 himself. On the next day which was a Sunday, the accused was produced before the Magistrate in his house and he was remanded. The property was produced before the Excise Inspector on Monday. PW5 was the Excise Inspector at the relevant time. He accepted the accused, contraband article and the documents produced before him by PW1 on 25.06.2001 itself. The property list so prepared in Ext.P4. Sample taken was sought to be sent for chemical analysis and Ext.P6 is the Chemical Analysis Report. He 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, Kalpetta under Section 209 of Cr.P.C. after following the necessary procedures. The said court made over the case to Additional Sessions Court (Adhoc)-I, Kalpetta, for trial and disposal.