ASOKAN 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 suffer rigorous imprisonment for four years and to pay a fine of 1 lakh.

(2.) The incident which gave rise to the case occurred on 14.03.1998. On that day PWs 1 and 5, both Preventive Officers attached to Excise Range Office, Karunagappally, had gone on routine patrol duty. when they reached in front of the Ratna Travels run by Adv. Babu, they happened to see the accused coming from the bye-lane near the said house holding a box. On seeing the excise officials, he tried to run away. He was intercepted and cardboard box was seized. It was found to contain a can having a capacity of 10 litres. It also contained 14 bottles each having a capacity of 375ml filled with some liquid. On examination of the liquid by taste and smell, it was revealed that it was arrack. The can was full of arrack. The bottles contained about 5.25 litres of Indian Made Foreign Liquor. The can and the bottles were separately sealed as per Ext.P1 mahazar. Ext.P2 is the arrest memo. It is stated that the wife of the accused was informed about the arrest. The articles so seized along with the accused was handed over to PW4, the Station House Officer. PW4 would say that on the date of incident i.e. On 14.03.1998, the accused, the contraband article and the documents were produced before him by PW1. On that basis, Crime No. 28/1998 was registered as per Ext.P3 occurrence report. Ext.P4 property list was prepared by him and he made a requisition to the court to send the two samples of 150ml each in two bottles for chemical examination. He also preferred a forwarding note. PW4 says that as per the requisition made, samples were taken from the court and sent it for chemical analysis and Ext.P5 is the report. Further investigation was conducted by his successor-in-office, namely, PW6. PW6 says that he recorded statements of witnesses, 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 offence to be exclusively triable by a Court of Sessions, committed the case to Sessions Court, Kollam under Section 209 of Cr.P.C. after following the necessary procedures. The said court made over the case to Additional Sessions Court (Adhoc)-I, Kollam, for trial and disposal.