GUNASEELAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Eight persons were sought to be prosecuted for the offences punishable under Sections 55(a), (i) and 15 C of the Abkari Act. Among them, the case against A1, A2, A5, A7 and A8 was committed by the Sessions Court. A3, A4 and A6 absconded and their case remains uncommitted. It is seen from the records that at a later point of time, A5, A7 and A8 filed C.M.P.339/2005 to plead guilty of the offence. That petition was allowed and accordingly A5, A7 and A8 were found guilty for the charges levelled against them under Section 15 C read with Section 63 of the Kerala Abkari Act and they were convicted and sentenced to pay a fine of 5,000/- with a default clause of simple imprisonment for a period of three months. During the pendency of the proceedings, A1 died and charge against him stood abated. The result was that at the relevant point of time, A2 alone faced trial. A2 was found guilty. Therefore he was convicted and sentenced to undergo rigorous imprisonment for one year and to pay a fine of 1 lakh with a default clause of simple imprisonment for a further period of two months.

(2.) The incident which gave rise to the case occurred on 21.08.1998. PW2 was functioning as the Circle Inspector of Police at Nilambur Police Station. On getting reliable information that in Kerala Hotel owned by the first accused, illegal sale of liquor was being carried on, PW2 along with PW3 and others after preparing a search memo and having it sent to the court, conducted a search of the hotel. PW2 found A1 serving liquor to several persons who were sitting around the table. As the act committed by the first accused and others were illegal, they were arrested on the spot. PW2 would say that the liquor that was left in the bottle, after the first accused and others had consumed, was taken into custody and sealed and labelled. So also the six glasses used by them. Two soda bottles containing soda and three empty soda bottles were also seized. Further search yielded to the recovery of two bottles of XXX Rum of 750 ml bottle, two bottles of Brandy of 375ml capacity and an empty bottle were also recovered. He prepared the search list Exts.P4 and P5. He then returned to the Station along with articles seized and the accused persons and registered crime as per Ext.P6. The arrest memo prepared by him is Ext.P7. The contraband articles seized were produced before court after preparing 151 form. Investigation was done by another officer and charge was laid before court.

(3.) The court before which the final report was laid, took cognizance of the offence and finding the offences to be exclusively triable by a Court of Sessions, committed the case of those persons, who had appeared before the said court, to Sessions Court, Manjeri 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- III (Adhoc), Manjeri, for trial and disposal.