MANOJAN 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 1= years and to a pay fine of 1,00,000/- with a default clause of simple imprisonment for a further period of two months. Set off as per law was allowed.

(2.) The incident which gave rise to the present prosecution occurred on 10.06.2000. On that day, PW1 was functioning as the Excise Range Inspector, Nadapuram Excise Range and PW3 was the Excise Guard of the same Range. PWs.1 and 3 along with other officers were on patrol duty and when they reached the market at Kaivali, they happened to see the accused coming with a can in his hand. Seeing the Excise Officers, he tried to turn around and walk back. At that time, the officials became suspicious and they intercepted the accused. The can was seized and its contents were examined. They were convinced, by taste and smell that, it was arrack. PW1 took a sample of 300 ml in a bottle of 375 ml capacity and sealed it and also prepared Ext.P1 seizure mahazar. Arrest memo is Ext.P2. On the lables affixed on the sample and the balance contraband article, the signature of the accused, witnesses and PW1 were affixed. He returned to the station and on the basis of the materials, registered Crime No.6 of 2000 as per Ext.P3 occurrence report. The accused, documents and the articles seized were produced before the court on the very same day. Property list was also produced as Ext.P5. During the period from 10.06.2000 to 12.06.2000, PW1 asserted that the contraband was in his custody. He also prepared a forwarding note to the court concerned, which is marked as Ext.P6 and the chemical analysis report received thereon is marked as Ext.P7. PW5 is the Investigating Officer. He recorded the statement of witnesses, completed the investigation and laid charge before the court.

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