PURUSHOTHAMAN @ RAJAN AND OTHERS Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused, six in number, were put in the dock and tried for the offence punishable under Section 55(a) of the Abkari Act. Among them, accused Nos. 1 to 3 were found guilty and accused Nos. 4 to 6 were acquitted of all charges levelled against them. The convicted accused were sentenced to undergo rigorous imprisonment for one year and to pay a fine of 1 lakh with a default clause of rigorous imprisonment for a further period of six months each.

(2.) The incident which gave rise to this case occurred on 19.02.2002. At the relevant time, PW1 was the Circle Inspector attached to Chelakkara Police Station. While he was on duty in connection with a festival in a temple, he happened to see the accused engaged in the act of selling liquor. Knowing the activities of the accused, PW1 and others reached near them. On seeing the Police party, three of the persons escaped. The other three were taken into custody and search of their body was conducted. From the loins of A1 and A2, two bottles of 180ml capacity were seized and from the loins of A3, one bottle of 180ml of arrack was seized. Samples were taken from all the five bottles and they were separately sealed and labelled. 430/- obtained from the body search of A1 was also seized. Case was registered in the name of the accused persons. Ext.P3 is the FIR. PW5 was the Sub Inspector of Cheruthuruthi Police Station at the relevant time. He had gone along with PW1. He also speaks about the seizure and sealing of articles. PW4 conducted investigation in the case. Ext.P5 is the scene mahazar prepared by him. He prepared Ext.P6 forwarding note and received Chemical Analysis Report namely, Ext.P7 Subsequently, the investigation was completed and charge was laid 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, Palakkad under Section 209 of Cr.P.C. after following the necessary procedures. The said court made over the case to Additional Sessions Court, Fast Track-I, Palakkad for trial and disposal.