K T BALAKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused was prosecuted for the offence punishable under Section 55(a) of the Abkari Act. He was found guilty. He was therefore convicted and sentenced to undergo simple imprisonment for a period of six months and to pay a fine of 1 lakh with a default clause of one month. Set off as per law was allowed.

(2.) The incident in this case occurred on 10.01.2003. PW1, the Preventive Officer attached to the Excise Circle Office, Kasaragod along with PW2, who was the Guard of Kasaragod Excise Range, were on patrol duty as usual. By about 5.30 p.m., when they reached the place called Choorikkod, they happened to see the accused coming along the road carrying a bag with him. Feeling suspicious, he was intercepted and the contents of the bag was examined.

(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, Kasaragod under Section 209 of Cr.P.C. after following the necessary procedures. The said court made over the case to Additional Sessions Court, (Ad hoc - II), Kasaragod, for trial and disposal.