KANNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Having found the accused guilty of the offence punishable under Section 8 of the Abkari Act, he was convicted and sentenced to suffer rigorous imprisonment for one year and to pay a fine of 1 lakh with a default clause of rigorous imprisonment for a further period of six months.

(2.) The incident which gave rise to the case occurred on 03.01.2001. On that day PW1, an Assistant Excise Inspector attached to Kuzhalmannam Excise Range along with PW2, the preventive officer attached to the same department were on patrol duty. When they reached a place called Thottumukku, they happened to see the accused coming along with a can. When he tried to escape from the Excise officers, he was intercepted and the can was seized from his possession. On examination of the contents, it was found to contain 2= litres of arrack. Sample of 300ml was taken and both the sample bottle and the can were sealed and labelled. The labels contained the signatures of the accused and PW1. He prepared Ext.P1 mahazar and as per Ext.P2, arrest memo, accused was arrested. He reached the station and on the basis of the records and seized articles, registered crime as per Ext.P3 FIR. The articles were produced before court on 04.01.2001 and he claims to have filed forwarding note, namely, Ext.P4. He obtained Ext.P5 Chemical Analysis Report. PW5 took over investigation of the case. He recorded statements of witnesses, drew up Ext.P6 scene plan and after completing investigation, he 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, Palakkad under Section 209 of Cr.P.C. after following the necessary procedures. The said court made over the case to Additional Sessions Court, Fast Track-I, Palakkad, for trial and disposal.