BALACHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused was prosecuted for the offence punishable under Sections 55(a), (h) and (i) of Abkari Act. He was found guilty of the offence under Section 55(i) of Abkari Act and was therefore convicted and sentenced to suffer rigorous imprisonment for two years and to pay a fine of Rs.1 lakh with default clause of simple imprisonment for one year. Set off as per law was allowed.

(2.) The incident in this case took place on 02.09.1998. PW3, Sub Inspector of Police of Kallada Police Station, along with other officers went for patrol duty on that day also and when they reached Koduvila Junction, they got reliable information that a person is engaged in sale of foreign liquor on the road side at Paricheri. When the police team reached the spot, they saw a person holding a big shopper and a glass. Seeing the police officers, he tried to escape. He was effectively intercepted and the big shopper was seized from his possession. On examination, the big shopper was found to contain Indian Made Foreign Liquor in 10 bottles of 375 ml each, 2 bottles of 750ml each and 550 ml of 750 ml capacity. The cap of the bottle containing 550 ml liquid was seen opened. By taste and smell, the liquid was identified as foreign liquor. The accused was arrested and the money with him was seized. All the bottles were sealed in the presence of witnesses and the mahazar prepared in that regard is Ext.P1. He returned to the station and registered Crime No.145/98 as per Ext.P2 First Information Report. He had the accused produced before court so also the property seized from the possession of accused. Ext.P3 is the property list prepared by him. PW3 claims to have sent a forwarding note to the court calling upon the court to sent the sample for chemical analysis. He obtained chemical analysis report as per Ext.P4. He recorded the statement of witnesses, completed the investigation and laid charge before court.

(3.) The court before which final report was laid took cognizance of the offence and finding that the offence is exclusively triable by a Court of Sessions, the case was committed to Sessions Court, Kollam. The said court made over the case to Additional District and Sessions Court (Adhoc) -I, Kollam for trial and disposal. The latter court, on receipt of records and on appearance of accused, framed charge for the offence under Sections 55(a), (h) and (i) of Abkari Act. The accused pleaded not guilty to the charge and claimed to be tried.