P K VIJAYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused was found guilty of the offence punishable under Section 55(g) of the Abkari Act and consequently he was convicted and sentenced to suffer rigorous imprisonment for a period two years and to pay a fine of 1 lakh with a default clause of six months.

(2.) The prosecution case in brief is that on 26.08.1998, while PW1, who was functioning as Preventive Officer of Mananthavady Excise Range Office, he had gone on patrol duty along with other officers. While patrolling, they received reliable information that the accused was distilling illicit liquor in his coffee plantation. On reaching the house of the accused, PW1 found the accused in the coffee plantation and he looked as if engaged in some activity. He approached him and intercepted him. On examination, it was found that an aluminium utensil having 30 litres capacity had about 25 litres of liquid in it. By taste and smell, it was recognized as wash. On the basis of Ext.P1 arrest memo, the accused was arrested and thereafter, 300 ml of liquid was taken as sample in a 750 ml bottle and that was sealed and labelled. The label contained the signature of the accused, witnesses and PW1. After taking the sample, the balance quantity was destroyed at the place of occurrence itself. It is also stated that even on the utensil recovered as MO1, the officer concerned had affixed the label containing the signature of the accused, witnesses and himself. Ext.P2 seizure mahazar was prepared on the spot and PW1 returned to the Excise Range Office along with the accused, the documents prepared by him and also the materials recovered by him. He handed them over to the officer in charge of the Station. The Excise Inspector in charge of the station registered crime as per Ext.P3 occurrence report. The articles were produced before court on 14.09.1998. Ext.P4 is the property list. Ext.P5 is the forwarding note and Ext.P6 is the chemical analysis report. PW7 conducted investigation in the case. He visited the place of occurrence and prepared Ext.P7 scene mahazar. He recorded statement of witnesses, completed investigation and laid final report 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, Kalpetta under Section 209 of Cr.P.C. after following the necessary procedures. The said court made over the case to Additional Sessions Court, Adhoc-II, Kalpetta for trial and disposal.