SUMENDRAN @ RAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused faced prosecution for the offence punishable under Section 55(a) of the Abkari Act and he was found guilty. He was therefore convicted and sentenced to suffer rigorous imprisonment for 1= years and to pay a fine of 1 lakh with a default clause of rigorous imprisonment for a further period of six months. Set off as per law was allowed.

(2.) According to the prosecution, on 08.09.1999, PW5, the Excise Inspector attached to the Excise Enforcement and Anti Narcotic Special Squad, Thiruvananthapuram along with his team of officers were on patrol duty. When they reached Murukkumpuzha Railway Station, they happened to see the accused coming along the road carrying a can of 2= litres capacity with him. On seeing the excise officials, he became nervous and tried to hide himself. Feeling suspicious, he was intercepted and the can was seized. On examination of the contents therein, by taste and smell, the officials were convinced that it was arrack. After preparing the arrest memo, the accused was arrested. PW5 sealed and labelled the contraband article seized from the possession of the accused. The label contained the signatures of the accused, witnesses and PW5. He prepared Ext.P1 mahazar on the spot and the arrest memo is Ext.P3. Thereafter PW5 took the accused, and records to the Kazhakuttom Range Office and handed them over to the officer there. PW2, who was in charge of the Excise Range Office at the relevant time received the accused, the documents and contraband produced by PW5 before him. He registered crime as per Ext.P2 occurrence report. On the same day itself, the accused was produced before court. He says that he sent a requisition to the court seeking to have the sample taken and forwarded for chemical analysis. Further investigation was conducted by PW4. He took statements of witnesses, obtained Chemical Analysis Report and laid the final report before court.

(3.) The court before which the final report was laid, took cognizance of the offence and finding the offence to be exclusively triable by a Court of Sessions, committed the case to Sessions Court, Thiruvananthapuram under Section 209 of Cr.P.C. after following the necessary procedures. The said court made over the case to Additional District and Sessions Court, (Fast Track-I), Thiruvananthapuram, for trial and disposal.