VENU Vs. STATE OF KERALA

JUDGEMENT

(1.) Put in the dock for the offence under Section 55(g) of the Abkari Act, the accused was found guilty and was therefore convicted and sentenced to undergo rigorous imprisonment for one year and to pay a fine of 1,00,000/- under Section 55(1) of the Abkari Act with a default clause of rigorous imprisonment for one year.

(2.) The incident which gave rise to this case is said to have occurred on 21.04.1999. On the relevant day, PW1 was functioning as the Excise Inspector of Karunagappilly Excise Range. PW2 was working as the Preventive Officer in the same Range. PWs.1 and 2, on the date of incident, along with the other officers were on patrol duty and when they reached Eramath Kavu, they found a person coming with a can on his one shoulder along the road. Feeling suspicious, he was intercepted and the can was seized. The can had a capacity of 35 litres and it contained about 25 litres of liquid. By taste and smell, it was recognized as wash. The accused was arrested on the spot. PW1 took a sample of 600 ml in a bottle of 750 ml capacity and that was also seized. The rest of the wash was destroyed at the spot. Mahazar prepared is Ext.P1 and thereafter Crime No.43 of 1999 was registered against the accused as per Ext.P2 occurrence report. On the same day, the accused, the documents and the contraband was produced before the court. Ext.P3 requisition slip was produced before the court for sending the sample for chemical analysis and the report so received is Ext.P4. Subsequent investigation was done by CW6. PW3 took over the investigation, recorded the statement of the witnesses, verified the records, completed the investigation and laid charge before the court.

(3.) The court before which the final report was laid, took cognizance of the offence and on finding that, the offence is exclusively triable by a court of Sessions, committed the case to Sessions Court, Kollam. The said court made over the case to Additional Asst.Sessions Court, Kollam for trial and disposal.