SANTHA Vs. STATE OF KERALA AND OTHERS

JUDGEMENT

(1.) The accused was prosecuted for the offence punishable under Section 55(a) of the Abkari Act. She was found guilty. Therefore, she was convicted and sentenced to suffer rigorous imprisonment for six months and to pay a fine of 1 lakh with a default clause of six months.

(2.) The incident is said to have taken place on 31.12.1998 at 12.45 p.m.. PW1 and the other officers, who were on patrol duty, happened to see the accused going along the road carrying a can with him. Seeing the excise officials, the accused panicked and tried to run away. Feeling suspicious, she was intercepted and the can was seized. On examination of the contents, it turned out to be arrack. The accused was arrested and mahazar was prepared which is marked as Ext.P1. Ext.P2 is the arrest memo. Thereafter, the officers returned to the Police Station and PW1 entrusted the records and the accused to the Excise Inspector, Kazhakuttom Excise Range. PW3 took over investigation and recorded statements of witnesses. He obtained Ext.P4 chemical analysis report 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, Thiruvananthapuram under Section 209 of Cr.P.C. after following the necessary procedure. The said court made over the case to Additional District and Sessions Court, Fast Track-I, Thiruvananthapuram, for trial and disposal.