NESAMONY NADAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused was put in dock for the offence under Section 55(a) of Abkari Act. He was found guilty and was therefore convicted and sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs.1 lakh with default clause of rigorous imprisonment for six months. Set off as per law was allowed.

(2.) Incident which gave rise to the case occurred on 12.06.2002. PW2, at that point of time, was the Sub Inspector of Police, Venjaramoodu Police Station and PW3 was Police Constable at the same station. On that day, PWs 2 and 3 along with other officers had set out for patrol duty and when they reached Vellumannadi junction, they received reliable information that sale of illicit liquor is going on near the shop of Nesamony Nadar. When they reached the place, they found a bunk shop on the eastern side and near that two persons were seen standing. One of them was holding a can in one hand and a glass on the other. Seeing the Police, one of them took to his heels and the other after placing the bottle and glass at the back of the shop came towards the front side of the shop and he was apprehended by the Police Officials and on examination of the contents of the can, it was turned out to be arrack. It was sealed and labeled and the label contained the signature of PW2, accused and the witnesses. The glass and the bottle were seized. Ext.P1 is the mahazar prepared by him. They returned to the station and registered crime as per Ext.P2 First Information Report. They seized 750 ml of contraband article. PW2 then had the accused produced before court and also the articles seized. He prepared the forwarding note requesting the court to take sample from the contraband produced before court and sent it for chemical analysis. Ext.P3 is the report received by him. 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, Thiruvananthapuram. The said court made over the case to Additional District and Sessions Court (Fast Track-I), Thiruvananthapuram for trial and disposal. The latter court, on receipt of records and on appearance of accused, framed charge for the offence under Section 55(a) of Abkari Act. To the charge, accused pleaded not guilty and claimed to be tried.