BHASKARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in this case was prosecuted for the offence punishable under Section 55(a) of the Abkari Act. He was found guilty and therefore convicted for the said offence. He was sentenced to undergo rigorous imprisonment for one year and to pay a fine of 1 lakh with a default clause of three months. Set off as per law was allowed.

(2.) The prosecution case in short is that on 30.12.2001 at about 4.15 p.m., the accused was found in possession of 20 packets of Karnataka arrack having 100 ml each on a public road. He was apprehended by PW1, who was a Head Constable working in State Special Branch. According to the prosecution case, he received reliable information about a person dealing in illicit arrack in the waiting shed. He proceeded to the spot and identified the person from whom the contraband articles were seized. He claims to have immediately contacted the Kenichira Police Station from where investigation kit was provided for him. He took samples in two 375ml bottles. The accused was arrested as per Ext.P1 arrest memo and prepared Ext.P2 seizure mahazar. Accused and the contraband articles were taken to the Kenichira Police Station, where PW5, the head constable was in charge at the relevant time. It is claimed by the prosecution that at the relevant time, the sub Inspector of Police was on law and oder duty. PW5 received the contraband articles and the accused and registered crime as per Ext.P5 FIR. Later on, PW6, the Sub Inspector of Police, who returned to Kenichira Police Station, took over investigation. He claimed to have gone to the place of occurrence and prepared Ext.P4 scene mahazar. He claims to have taken statements of witnesses. He prepared the property list and had the contraband articles sent for chemical analysis and Ext.P8 report was received. After investigation, final report was laid.

(3.) The court before which the final report was laid, took cognizance of the offence. Finding that the offence is exclusively triable by a Court of Session, committed the case to Sessions Court, Kalpetta under Section 209 of the Cr.P.C.. The case was made over to the Additional Sessions Court (Adhoc-I), Kalpetta. The said court, on appearance of the accused and on receipt of records, framed charges for the offence punishable under Section 55(a) of the Abkari Act to which the accused pleaded not guilty and claimed to be tried. The prosecution therefore had examined PWs 1 to 6 and had Exts. P1 to P8 marked. Mos 1 to 3 were got identified and marked.