BASIN JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) Two persons were prosecuted for the offence punishable under Sections 8(1) and (2) and 55(a) and (i) of Abkari Act. Among them, 1st accused was found guilty and the 2nd accused was acquitted. The 1st accused was convicted and sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs.1 lakh with default clause of simple imprisonment for three months.

(2.) The incident which gave rise to the case occurred on 02.09.2001. PW4 was the Sub Inspector of Kattappana Police Station during the relevant period. PW3 was the Constable of the same station. On that day, at about 5 p.m, they received reliable information that the accused is engaged in sale of arrack in a particular place. They went to the place. They saw three persons and one of them was carrying a big shopper. Seeing the Police Officers, one of them ran away leaving the big shopper.

(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, Thodupuzha. The said court committed the case to Additional Sessions Court (Adhoc-1).