MAYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused was prosecuted for the offences punishable under Section 55(a) and Section 8(2) of the Abkari Act. He was found guilty. He was therefore convicted and sentenced to suffer rigorous imprisonment for a period of one year and to pay a fine of 1 lakh with a default clause of six months. Set off as per law was allowed.

(2.) The prosecution case is that PW1, who was the Preventive Officer of Kollengode Excise Range, along with PW4 were conducting patrol duty as usual on 16.07.2003 also. When they reached in front of Surendra Modern Rice Mill, they found a person coming along the road carrying a bag in his hand. That person was intercepted and the bag was searched. The bag contained a white plastic can having 10 litres capacity containing a liquid to the brim. PW1 took a sample in a 180 ml bottle and had the balance sealed and labelled. He prepared Ext.P1, seizure mahazar and Ext.P2 arrest memo. Crime was registered and PW6 investigated the case. Ext.P6 is the scene plan and Ext.P7 is the chemical examination report. After completing investigation, final report was laid before court.

(3.) Cognizance of the offence was taken by the Judicial First Class Magistrate, Chittur, who, on finding that the offences are exclusively triable by a Court of Session, committed the case to Sessions Court, Palakkad under Section 209 of the Cr.P.C.. The said court made over the case to Additional Sessions Court, Fast Track-II, Palakkad.