VIJAYAN AND OTHERS Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused two in numbers were prosecuted for the offences punishable under Sections 8(1) and (2) of the Abkari Act. They were found guilty and therefore they were convicted and sentenced to undergo rigorous imprisonment for 3 years and to pay a fine of Rs.1,00,000/- each and in default, to undergo simple imprisonment of 6 months each and set off as per law was allowed.

(2.) The incident which give raise to this case occurred on 21.3.2001. On that day PW1, the Preventive Officer attached to the Excise Enforcement and Anti Narcotic Special Squad, Alappuzha, along with PW2 of the same status, were on routine patrol duty, and when they reached near Marthandam lake by about 4.15 p.m., they happened to see that the accused persons coming along the road and the 1st accused was carrying a can having a capacity of 35 ltrs. Seeing the Excise officials, they tried to escape, which was effectively prevented. The can was seized and its contents were examined. The can contained about 9 ltrs. of some sort of a liquid and by taste and smell it is identified as arrack. On a search of the body of the 2nd accused, a bottle of 1 ltr. capacity and a glass were seized. The liquid contained in the bottle was identified as arrack by taste and smell. Samples were taken from both the can as well as from the bottle and thereafter sealed and labelled. The labels contained the signatures of the witnesses, the accused and PW1. Ext.P1 mahazar was prepared on the spot. Thereafter Pws.1 and 2 went to the Excise Range office and handed over the accused, contraband article and the records to PW5. PW5 received the accused and the records, and on that basis, registered Crime No.5/01 as per Ext.P2 occurrence report. Ext.P3 property list was prepared by PW3 and he claims that requisition was made to send the samples for chemical examination. Investigation was done by PW6. He recorded the statement of witnesses and received Ext.P4 chemical analysis report. He completed investigation and laid charge before the court.

(3.) The court, before which the final report was submitted, took cognizance of the offences and on finding that the offence is exclusively triable by a court of Sessions, committed the case under Section 209 Cr.P.C., after following the necessary procedures, to the Sessions court, Alleppey, and the said court made over the case to the court of Additional Sessions Judge, Fast Track court, Alleppey, for trial and disposal.