RAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Having been prosecuted for the offences punishable under Sections 55(a), (i) and 8(1)(2) of the Kerala Abkari Act, the accused was found guilty of the offences and he was therefore convicted and sentenced to undergo simple imprisonment for 2 years and to pay a fine of 1,00,000/- with a default clause of simple imprisonment for a further period of one year for the offences under Section 55(a) and Section 8(1)(2) of the Abkari Act. He was acquitted of the offence under Section 55(i) of the said Act.

(2.) The incident which gave rise to this case occurred on 14.12.2002. On that day, while PW5, who was the S.I. of the Kattappana Police Station, along with PW4 and other officers were on patrol duty, they received reliable information that near the Erattayar tunnel portion, Rajan, the accused was engaged in sale of illicit liquor. He and the other officers went along to that place. Two of the police officers were deputed to find out the actual state of affairs. They were given necessary instructions by PW5. PW5 watched their movements from a distance away. The police men so deputed found the information to be true. Sensing that he was in trouble, the accused tried to escape, but he was apprehended. A can of 10 litres of capacity having 8 litres of liquor was seized from the place. The content of the can was found to be arrack. Two samples of 180 ml were taken. The samples were sealed and labelled. The labels contained the signature of the accused and PW5. Glass found nearby was also seized. Thereafter, he returned to the station along with the accused, the contraband articles and the documents and as per Ext.P7 FIR registered a case against the accused. Arrest memo is Ext.P8. He prepared Ext.P9 property list and produced the articles seized before the court. PW5 carried on the investigation of the case, recorded statements of the witnesses, obtained chemical analysis report, completed the investigation and laid charge before the court.

(3.) The court, before which the final report was laid, took cognizance of the offence and on finding that the offence is exclusively triable by a court of Sessions, committed the case to Sessions Court, Thodupuzha. The said Court made over the case to the Additional Sessions Judge (Special Judge for NDPS cases), Thodupuzha for trial and disposal.