RADHAKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused was prosecuted for the offences punishable under Sections 55(a) and 8(2) of the Kerala Abkari Act. He was found guilty. He was therefore convicted and sentenced to suffer 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 six months. Set off as per law was allowed.

(2.) The incident which gave rise to this case occurred on 26.02.2001. On that day, PW1 the Preventive Officer attached to Alathur Excise Circle Office along with PW2, who was another Preventive Officer of the same office and other officers of the department were set out for routine patrol duty. When they reached Tholanur Chira, they happened to see the accused coming along with a plastic bag. On seeing the Excise Officials, he tried to turn round and escape. Feeling suspicious, he was intercepted and the bag in his possession was seized. That bag was found to contain a can having a capacity of 5 litres. The can contained some sort of a liquid. By taste and smell, they identified the liquid as arrack. Informing the accused that he has committed an offence, he was arrested after preparing the arrest memo. PW1 says that the can and the plastic bag were sealed and labelled and the label contained the signatures of the accused and PW1. Ext.P1 is the mahazar prepared at the place of occurrence. PW1 also says that he had taken a sample of 300ml in a bottle of 375ml capacity and the sample bottle and the balance contraband article were also sealed. On them also, labels containing the signatures of the accused and PW1 were affixed. When they were on their way to Kuzhalmannam Range office, the accused escaped from their custody. Even though he was chased, the preventive officers could not apprehend him. He prepared a report regarding the escape of the accused before the Excise Circle Inspector, Alathur and then entrusted the seized articles along with the records prepared on the spot to the Excise Range Office, Kuzhalmannam. Ext.P3 is the report prepared by him regarding the escape of the accused. Ext.P4 is the crime and occurrence report. Property list is marked as Ext.P5 and Ext.P6 is the forwarding note containing the specimen seal. PW5 took over investigation. He recorded statement of witnesses and prepared Ext.P7 site plan. He obtained Ext.P8 Chemical Analysis Report, completed investigation and laid charge 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 to Sessions Court, Palakkad 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-II, Palakkad for trial and disposal.