SUGATHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) On being found guilty for the offences punishable under Sections 55(a) and (i) of the Abkari Act, the accused was convicted and sentenced to undergo rigorous imprisonment for three years and to pay a fine of 1 lakh with a default clause of six months.

(2.) The facts fall within a very narrow compass. On 16.2.1999, PW4, who was the Sub Inspector of Police attached to the Thiruvallom Police Station, along with PW3 and other police officers were on patroling duty and when they reached the Palappooru junction, they got reliable information that a person by name Sugathan is engaged in the sale of liquor in the plantain garden of one Krishnan Nair. The team of officers proceeded to that place. When they reached the place, they happened to see one person holding a bottle in one hand and a glass in other hand and they also found a black can nearby. As soon as that person sighted the excise officers, he tried to escape. He was intercepted and it is stated that he told the officers that the bottle and the can contain arrack intended for sale. PW4, by taste and smell, was convinced that the liquid was arrack. The accused was arrested on the spot and two ten ruppee notes found with him were also seized. The articles which were found at the place were sealed and taken into custody after preparing Ext.P1 mahazar. PW4 returned to the station and registered Crime No.32 of 1999 as per Ext.P2 FIR. On 17.2.1999, the accused was produced before the learned Magistrate. On the next day, the properties seized were handed over to the court after preparing Ext.P4 property list. He made a requisition to the court to take samples from each of the containers and to send a forwarding note. Chemical analysis report received by him is Ext.P5. PW4 took 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. Finding that the offence is exclusively triable by a Court of Sessions, that court committed the case to Sessions Court, Trivandrum. The Sessions Court, Trivandurm in turn made it over to Abkari Court, Neyyattinkara for trial and disposal.